Legislative Decree n. 104/2020 (so-called “Decreto Agosto”) has just been published in the Official Gazette n. 203 of August 14, 2020.

The most significant innovations concerning the employment profiles introduced by Legislative Decree n. 104/2020 are the following:

A. Social shock absorbers

  1. In order to grant relief to all employers, a further eighteen (9+9) weeks of ordinary redundancy fund, (Cassa Integrazione) has been introduced, which can be used in the period from 13 July 2020 to 31 December 2020.
  2. There is no cost for the first 9 weeks period, whether a compulsory contribution is due for the additional 9 weeks for companies that did not suffer a substantial loss of turnover in 2020.

B. Social security contributions exemption

  1. Until next 31 December, special social security contributions exemption is granted to employers that: either (i) do not apply for the extension of the ordinary redundancy fund (for a maximum period of 4 months); or (ii) hire employees under an open-ended contract, in the event of an increase in net employment (for a maximum period of 6 months since the hiring).

C. Extensions and renewals of fixed-term contracts

  • Until December 2020, employers are entitled to extend or renew fixed-term contracts even in absence of the grounds prescribed by Article 19, paragraph 1, of Legislative Decree No. 81/2015.

D. Provisions in matter of dismissal

  • The prohibition of collective and individual dismissals for justified objective reasons has been extended until all 18 weeks of Cassa Integrazione will have been enjoyed.

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The partners and associates of De Luca & Partners law firm remain available to provide any information necessary to deal with the emergency, as well as to develop the best strategies to minimize its impact on business productivity.

The Budget Law 2018 was published in the Official Gazette No. 302 dated 29 December 2017, which was approved by the Senate last 23 December and on which the Government placed its trust. The main news in the field of employment and social security include: (i) a 50% social security contribution allowance for a maximum period of 36 months and up to an annual maximum limit of Euro 3,000 in the event of hiring, starting from 01 January 2018, with increasing protections on an open-ended contract for young people under 35 years old (under 30 years effective from 2019).   The social security contribution allowance may also reach 100% if the hiring concerns a young person who has already completed an apprenticeship or carried out work-school activity at the company; (ii) the exemption from social security contributions for 18 or 12 months in the event of hiring, respectively with an open-ended or fixed-term agreement of workers who previously received relocation allowance; (iii) the increase in the dismissal contribution paid as part of a collective procedure rising from 41% (equal to Euro 1,740) to 82% (equal to Euro 2,940) of the ceiling required by NASPI for each worker. Collective dismissals are exceptions when resulting from procedures initiated no later than October 2017; (iv) the extension, for the years 2018 and 2019, of the period of Extraordinary Wages Guarantee Fund, up to the maximum limit of 12 months, for companies with more than 100 employees and of strategic economic importance also at the regional level having major occupational issues with significant excess in personnel within the territory and (v) the expansion of workers’ pool who may access the social APE and voluntary APE (Italian early retirement pension).

 

Read here the full text of the law.