Italy: law converting Decree No. 48/2023 [Employment Decree] published in the Official Gazette

On 3 July 2023, Law 85 converting, with amendments, the Decree Law 48/2023 on "Urgent measures for social inclusion and access to employment" was published in the Official Gazette.
It aims to ensure greater flexibility for personnel management, introduces amendments to the discipline of fixed-term employment contracts and simplifies information obligations under the Transparency Decree.

The main points of interest to employers are:

Fixed-term employment contracts: the obligation to justify fixed-term contracts is both required in case of extension (contract has not yet expired) and renewal (previous contract has expired) when the total duration of the contracts exceeds 12 months. To calculate the 12 months, which determine the obligation to provide the reasons, only contracts entered into as of 5 May 2023 (the date on which Decree-Law 48/2023 came into force) must be considered.
Staff leasing: the quantitative limit set by law for using open-ended staff leasing (20 per cent of the workforce hired directly by the user) does not include employment agency workers with an apprenticeship contract. In addition, the use of open-ended staff leasing of certain workers is nevertheless exempt from these limits, which include unemployed beneficiaries of social shock absorbers as well as disadvantaged or very disadvantaged workers identified by Commission Regulation (EU) No 651/2014 and specified in a Decree of the Ministry of Labour.
Remote working: the right to remote work is now recognised until 31 December 2023 for parents of children under the age of 14 and for workers who, according to the company doctor's assessment, are at increased risk of Covid-19 infection due to age or immunodepression, provided that the remote working mode is compatible with the employee's duties.
Disclosure obligations: The disclosure obligations of the employer when recruiting or during the relationship has been reduced. The employer must include in the individual contract the variability of the worker’s schedule, the guaranteed minimum number of hours and the remuneration for any additional hours, the reference hours, and the days on which the employee must work, as well as the assignment starting and terminating notice periods. Additionally, information regarding the probationary period, training, holidays and paid leave, notice, remuneration, working hours (in cases where this can be foreseen), and social security and insurance institutions can be included in the contract by indicating the relevant regulatory or contractual reference.