In brief

On 13 August 2022, the new law implementing EU Directive 2019/1152 (“Transparency Directive“, read our latest newsletter here) will go into force. Some important clarifications on the new law have been issued by the National Labour Inspectorate. You will find a summary of these guidelines below. We are expecting additional clarifications to be issued by competent authorities in the coming days and weeks, since there are still a number of provisions in the new law that require official guidance on their application

Contents and methods of communication

• Concerning the way employers must communicate the conditions of employment to employees, as required by the Transparency Directive, this can take place through paper or electronic means (e.g., by email or making the relevant documents available on the company intranet). Employers must retain proof of the transmission or receipt of such information for five years after the end of the employment relationship.
• For what concerns the level of detail to be provided to employees, the National Labour Inspectorate clarified that, some elements can be provided by making reference to the provisions of CBAs and company regulations, provided that the documents referred to are made available to the employee. This interpretation by the National Labour Inspectorate is not totally in line with the new law implementing the Transparency Directive, as it does not expressly allow employers to refer to CBAs to fulfill their information obligations. On this point, we expect further clarifications from the competent governmental authorities. In any case, employers will still be required to inform employees on a number of aspects pertaining to their employment (e.g., rules on the procedure for unilateral termination) since CBAs are usually silent on the point.

Timelines for compliance

For employees already in force as of 13 August 2022, employers are not required to proactively provide information to employees unless asked; should they ask, then details must be provided within 60 days from the request.

For employees hired starting 13 August 2022, instead, employers must provide the following information: 

1. Within seven days from the first day of work: 
   • The identity of the parties to the employment relationship (including any co-employers)
   • The place of work
   • The employer’s registered office
   • The employee’s classification, job level and duties
   • The start date and type of employment relationship
   • The duration of the probationary period (which, in any case, cannot be longer than six months)
   • The initial amount of compensation, indicating breakdown of items plus manner and timing of payment
   • The schedule of normal working hours and any conditions relating to overtime work and its compensation, as well as conditions for shift changes (or specific information required by law in the case of working relationships characterized, in whole or in part, by unforeseeable organizational needs (e.g., on-call work))
   • If work is organized using automated decision-making or monitoring systems, further information is provided for by the law. Please note that, based on interpretative guidance from the National Labour Inspectorate, these additional obligations should only concern employees whose working activity is organized using algorithmic tools. On this point, we are still expecting further clarifications from the relevant labor authorities
2. Within one month from the first day at work: 
   • The right to receive employer-provided training, if any
   • The duration and manner of determining paid leave/vacation
   • The procedure, form and terms of notice for dismissal and resignation
   • The applicable National Collective Bargaining Agreement and other company-level collective agreements, with an indication of the parties that have signed it
   • The entities and institutions receiving social security and insurance contributions

For newly hired employees starting 13 August 2022, given the uncertainty on the interpretation of some provisions of the new law, we recommend the following: 

• Check whether the information to be provided within seven days from the first day at work is already included in the employment agreement or other documents given to the employee
• For all other information, postpone compliance to the beginning of September, when all clarifications should be issued by the competent authorities, and, in any case, within 30 days from the beginning of the working relationship