Littler Global Guide - Italy - Q4 2023

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2023 Global Guide Quarterly updates   Download full Q4 2023 Global Guide Quarterly

New Law Prohibits Requesting Past Oncology Information

New Legislation Enacted

Authors: Carlo Majer, Partner, and Elisabetta Rebagliati, Senior Associate – Littler Italy

A new law prohibits requesting information regarding past oncology conditions in employment agreements. The relevant period covered by the rule is 10 years from the end of active treatment without episodes of recurrence, reduced by half if the condition arose before the age of 21. For contracts entered into on or after January 2, 2024, violation of these rules will result in nullification of the unlawful clause, but not nullification of the contract, which will remain otherwise valid and effective.

Remote Work for Parents and Frail Employees

New Order or Decree

Authors: Carlo Majer, Partner, and Alessandra Pisati, Associate – Littler Italy

The right to work remotely has been extended to March 31, 2024, for the following employees:

  • Parents in the private sector who have at least one child under the age of 14, provided that:
    • The other parent is an employee and is not a beneficiary of income support; and
    • Working remotely is compatible with the employee’s work activity.
  • Those at greater risk of infection with the SARS-CoV-2 virus, due to age or conditions resulting from immunodepression, oncological disease, life-saving therapies or comorbidities with conditions that create greater risk of infection, provided that:
    • The assessment of the risk has been carried out by a competent physician as part of health surveillance; and
    • Working remotely is compatible with the employee’s work activity.

Employer’s Obligation to Respond to Employee Requests for Access to Personal Data

Precedential Decision by Judiciary or Regulatory Agency

Authors: Carlo Majer, Partner, and Alessandra Pisati, Associate – Littler Italy

In recent decisions the Privacy Authority affirmed that companies must promptly respond to employee requests for access to their personal data, including providing reasons for denial of access, and informing them of the right to file a complaint with the Privacy Authority or an appeal to the judicial authority.

Whistleblowing: As of December 17, 2023, New Reporting Obligations

Legal Compliance

Authors: Carlo Majer, Partner, and Elena Guerrera, Associate – Littler Italy

As of December 17, 2023, companies that employed an average of 50 to 249 employees in the last year must comply with the whistleblowing reporting requirements provided for by Legislative Decree 24/2023. These companies must now also activate a whistleblowing reporting channel that: (i) guarantees, including through the use of encryption tools, the confidentiality of the person reporting, the persons involved in the report, and the content of the report; (ii) allows for written and oral reporting; and (iii) is independent and autonomous (whether internal/external).

To simplify obligations and contain costs, the law allows companies with up to 249 employees to enter into agreements with other entities to manage the reports, while still ensuring compliance with the law’s confidentiality requirements.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.