December 16, 2024
Editorial
The Newsletter is taking a holiday break

Dear Readers,

With this issue, the Newsletter is taking a holiday break.
We hope that the renewed format and the content offered throughout the year have been to your liking and useful.

Please note that between December 24, 2024, and January 7, 2025, the Labour Department of our firm will observe reduced hours and limited activities. As usual, for urgent matters, we will remain reachable via email and will ensure deadlines are met.
The Newsletter will resume in January.

Enjoy the read, and from all of us, our best wishes for the upcoming holidays!

Vincenzo Fabrizio Giglio

December 6, 2024
Labour Relations
National Logistics Contract: Renewals and Updates for Workers and Companies Through 2027
National Logistics Contract

On December 6, 2024, a preliminary agreement was signed to renew the National Collective Labour Agreement (CCNL) for Logistics, Freight Transport, and Shipping, effective until December 31, 2027. Union representatives will finalize their position, following worker consultation, by January 27, 2025.

Among the key updates, the scope of the agreement has been extended to include new sectors, such as express couriers and furniture delivery and assembly services.

Economically, traveling personnel at level B3 will see a total increase of €260, comprising €140 added to base pay and €120 as a Professional Area Element (EPA). Non-traveling personnel at level 3s will receive an increase of €230. Additionally, the Economic Coverage Allowance (ICE) will be discontinued starting in 2025.

Significant changes also include updates to working hours, travel allowances, and illness protections, with enhanced coverage for serious illnesses and new weekly work hour limits for traveling personnel. Finally, the contract introduces innovative provisions on remote work and solidarity leave, marking progress toward greater flexibility and social protection.

November 13, 2024
Labour Relations
New Rules for Industrial Executives: Pay, Welfare, and Parental Protection
National Industrial Executives Contract

On November 13, 2024, the National Collective Labour Agreement (CCNL) for Executives of Companies Producing Goods and Services was renewed, effective from January 1, 2025, to December 31, 2027. The renewal introduces significant regulatory, wage, and welfare updates.

Key changes include redefining the executive role to encompass top-level positions with substantial technical expertise. The minimum overall guaranteed compensation (TMCG) is set at €80,000 for 2025 and €85,000 for 2026. Additionally, a one-time payment of 6% on 2024 gross pay is allocated to executives meeting certain seniority and economic conditions.

The contract enhances variable pay systems tied to corporate objectives and guarantees that parental leave does not impact incentives during mandatory leave periods. Welfare provisions include increased insurance coverage and new measures supporting flexibility for executives with minor or disabled children.

Lastly, the renewal boosts professional training support with an annual contribution to the Fondirigenti Foundation and increases fixed allowances for business travel..

November 12, 2024
Contracting
Clients Liable for Injuries to Contractor Employees
Cassation Court, Labour Section

The heirs of a deceased employee, permanently assigned to a contracted role, sought compensation for biological and moral damages caused by exposure to asbestos at the workplace.

While the Court of Appeal held only the employer liable, the Supreme Court extended liability to the client company as well. The Supreme Court clarified that the client must implement all necessary measures to protect the health and integrity not only of their own employees but also of contractor employees. On these grounds, the Court recognized the client company’s liability.

December 9, 2024
Company Transfer
Dismissal Following Business Transfer
Cassation Court, Labour Section

An airline worker was dismissed after her employment contract was transferred to a new company (the “assignee”). The employee challenged the dismissal issued by her former employer, and the case reached the Supreme Court.

The Court sided with the worker, ruling that the dismissal was invalid since it was issued by a party no longer part of the employment relationship. The employment contract had automatically continued with the assignee company.

December 10, 2024
Work Hours, Leave, and Permits
Sunday Work Entitles Employees to Additional Pay, Even if Not Stipulated in the CCNL
Cassation Court, Labour Section

This case involved shift workers under a CCNL that provided only compensatory rest for Sunday work. The workers demanded additional pay for Sunday work, citing the inconvenience and sacrifices involved.

Both the Trial Court and the Court of Appeal ruled in their favor, granting a 30% wage increase for Sunday work. The Supreme Court upheld this decision, stating that compensatory rest alone does not suffice without adequate economic or other compensation. Judges may determine this additional compensation if the CCNL is silent on the matter.

The Court emphasized that additional treatment for Sunday work may be non-monetary, such as extra rest or other non-financial benefits.

December 4, 2024
Maternity and Paternity
Maternity Benefits: Flight Allowances Included
Cassation Court, Labour Section

A flight attendant sought clarification from the court on the criteria for calculating maternity benefits, specifically requesting the inclusion of flight allowances.

The Court of Appeal ruled in her favor, ordering the INPS to fully account for flight allowances in maternity benefit calculations. The Supreme Court upheld this decision, referencing Article 23 of Legislative Decree No. 151/2001.

The Court stated that maternity benefits must include holiday bonuses, other awards, and additional pay elements. Maternity benefits are calculated differently from illness benefits, as they aim to preserve pre-leave income levels as much as possible, as required by the Constitution.