Trasparent and predictable working conditions: The new perspective from EU Directive 2019/1152
On July 29, 2022, Decree No. 104 of June 27, 2022 implementing EU Directive 2019/1152 on transparent and predictable working conditions (hereinafter referred to as the “Transparency Decree”) was published in the Gazzetta ufficiale, and it will take effect on August 13, 2022.
The main purpose of the directive (and consequently of the Transparency Decree) is to make working conditions appropriately transparent and predictable while keeping non-standard work reasonably flexible and safeguarding its benefits for employers/contracting companies and workers.
The Transparency Decree consists of two main parts, one related to the information to be included in employment contracts, and the other on minimum requirements for working conditions. Both parts are applicable to subordinate employees and to all workers employed under non-standard types of contracts, such as all types of independent contractors (except for those under Sec. 2222 C.C.) and subcontracted workers (hereinafter generally referred to as “workers”).
In addition to the information typically included in employment contracts (i.e., identities of the parties, place of employment and place of work, category of work for which the worker is employed, start date, duration and conditions of probationary period, remuneration, and working hours), employers/contracting companies are required to provide workers the following: