Amendment to the Labour Code

A set of amendments to the Labour Code came into force in May 2023 in the scope of the Decent Work Agenda and Valorisation of Young People in the Labour Market, whose most significant changes can be summarised here.

Regarding Telework, whose regime was already foreseen in that legislation, namely with the obligation of the agreement to be reduced to writing, the changes now verified have extended its scope to parents with children with disabilities, chronic illnesses or oncological illnesses, regardless of their age. In the previous wording of the Labour Code the focus was on workers with children up to the age of three.

Still within the scope of Telework, the amount of compensation to be paid to the Worker for the additional expenses he incurs must now be fixed in the individual work contract or in the Collective Bargaining Agreement, when these were subject to proof, manifestly difficult, to be produced by the Worker, by correspondence with the immediately preceding calendar year. The new law also establishes, in the absence of an agreement on the fixed amount to be paid to the employee, how the additional expenses mentioned therein are to be calculated.

The amount up to which the payment of these additional expenses will be exempt from Taxation is still to be established by Ministerial Order.

As regards sick leave, medical certification is now waived for sick leave of up to three days' duration, which is not paid for by either Social Security or the Employer.

One of the major alterations in labour law is related to Parental Rights.

The initial period can be between 120 and 150 consecutive days and can be taken by both the mother and the father or by both simultaneously. If the parents opt for the latter solution, the leave may be extended for a further 30 days, up to a maximum of 180 days of leave.

In the case of parental leave exclusive to the mother, the latter can take 30 days of optional leave before childbirth. After childbirth they are entitled to six compulsory weeks, and in the absence of shared leave the entitlement is automatically granted to the mother.

The father also has a period of exclusive parental leave, which is increased to 28 working days, consecutive or interspersed, in the six weeks following the birth of the child, five of which are taken consecutively immediately after the birth.

In relation to the allowances to be awarded, the period between 120 and 150 days suffers a drop of 20% in the remuneration paid.

With regard to Leave and Absence, the new alterations have substantially increased the period of leave due to the death of a child, spouse or stepchild. The period granted to an employee for the death of another relative or relative in the first degree of the direct line was also extended, although to a lesser extent.

The legislator also focused on gestational bereavement, which can extend to three days.