Conversion into Law of the Labour Decree

Fixed-term Contracts

Under the previous rules, a fixed-term contract lasting less than twelve months could be freely extended, but renewed only in the presence of justifying reasons. 
Law 85/2023 provides that, within the first twelve months, fixed-term contracts may not only be extended but also renewed, without the need for justifying reasons. After the first twelve months, however, the presence of said reasons will be required. 

N.B.: for the calculation of the twelve-month period, only contracts dated from 5 May 2023 will be taken into consideration.

The above also applies to temporary agency work, given the substantial equivalence between the forms of contract.

Staff leasing

A further amendment concerns staff leasing, for which the previous rules had set a percentage for the user of no more than 20% of the personnel directly employed. The new Law instead provides that, in calculating the above percentage, the following types of employees will no longer be counted: 

• temporary workers hired under an apprenticeship contract; 
• unemployed persons who have been receiving non-agricultural unemployment or social security benefits for at least six months; 
• disadvantaged or very disadvantaged employees who fall into the categories identified by a specific EU regulation and specified by Decree of the Ministry of Labour.

The purpose of this amendment is evidently to support access to employment on the part of disadvantaged categories.

Smart-working 

The previous rules, introduced on a temporary basis during the pandemic and subsequently extended, had guaranteed, until 30 June 2023, access to smart-working without an individual agreement for favour of employees with children under 14 and fragile employees. 

Law 85/2023 introduced a further extension, in favour of the above-mentioned categories of employees in the private sector, until 31 December 2023, provided that the duties performed by said employees can be performed remotely.

There is also a different extension, until 30 September 2023, in favour of public and private sector employees suffering from serious illnesses as specifically identified by Ministerial Decree of 4 February 2022 (the so-called Super Fragile category). 

For the Super Fragile category of employees, the right is not subject to the compatibility of their duties with smart-working, meaning therefore that the employer must guarantee this extension  to them if requested in any case, and if necessary assigning them to different duties, belonging to the same category or area of classification.
Apparently, the possibility that no such other suitable duties may be available is not taken into consideration by the legislator. Clarifications on this point are hoped for in order to avoid the risk of litigation.