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Serena Fantinelli

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Serena Fantinelli joined Baker McKenzie as counsel in October 2015. She advises on all areas of labor, employment and employment litigation.

On March 15, the Law Decree No. 24/2023 (so-called “Whistleblowing” decree) has been published in the Italian Official Gazette. The decree enhances the principles of transparency and accountability in reporting and applies to all private companies that (i) employ an average of more than 50 employees or (ii), regardless of the number of employees, are active in sectors deemed particularly “sensitive” or (iii) already have in place an Organizational Model for the prevention of crimes (so-called “231” model). The new decree introduces the obligation to set up adequate reporting channels and whistleblower protection systems.

On August 19, 2022, some new regulations on agile work went into force. In particular, starting 1 September 2022, employers will have to send a communication, via an online portal, with the names of the employees and the period in which they will work remotely. It will not be necessary to upload individual agile working agreements. This new law basically confirms the simplified procedure that was in place under COVID emergency laws. Non-compliance with the new regulations may trigger an administrative fine ranging from EUR 100 to EUR 500 for each concerned employee.

On 13 August 2022, the new law implementing EU Directive 2019/1152 will go into force. Some important clarifications on the new law have been issued by the National Labour Inspectorate. 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.