Decree 1 May

Incentives only for those who apply the salary treatments of leading contracts

In the draft decree, access to benefits is conditional on compliance with the overall economic treatment of national collective agreements signed by the most representative trade unions

by Giorgio Pogliotti and Claudio Tucci

Nella bozza del decreto lavoro è previsto il rifinanziamento del Fondo Nuove Competenze IMAGOECONOMICA

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

Access to the benefits for employers under the 1 May decree is granted if the individual economic treatment paid to the worker is not lower than the overall economic treatment (Tec) of the leading contracts. Therefore, in order to benefit from the incentives - first and foremost the decontribution for the hiring of young people under 35, of over 35 in the Single Zones of Southern Italy and of 'disadvantaged' women -, it is necessary to apply economic treatments including minimum wage rates, allowances and accessory salary, similar to those of the Ccnl signed by the employers' associations and the comparatively most representative trade unions.

The conditions for ensuring a fair wage

The draft of the Decree brought to the Council of Ministers to support the dissemination of the 'fair wage', refers to the Total Economic Treatment (TEC) defined by the national collective bargaining agreements signed by the employers' and workers' organisations 'comparatively more representative at national level' - the so-called leader agreements - taking into account the reference production sector and category, as well as the main or prevailing activity exercised, the size and legal nature of the employer. The TEC provided for in collective bargaining agreements signed by smaller unions may also not be lower than the TEC identified by the leading collective bargaining agreement. For sectors not covered by collective bargaining, the TEC cannot be lower than that provided for by the leading Ccnl. On the SIISL digital platform, the job positions published must bear the indication of the Ccnl applied with the unique alphanumeric code assigned, the salary linked to the qualification and the contractual level, corresponding to the task to which the worker is assigned.

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Contracts expired after the entry into force of the Decree

Another rule of the draft is at risk, which provides that the planned salary increases of expired collective labour agreements run from the natural expiration date of the previous contract. If collective labour agreements are not renewed within the first twelve months following the natural expiration date, salaries are adjusted, by way of a lump-sum advance of the planned salary increase, to the change in the HICP, up to a maximum of 50 per cent per year, without prejudice to any other contractual agreements. The rule applies to collective bargaining agreements that expire after the entry into force of the decree; for collective bargaining agreements that have already expired, the provisions apply from 1 January 2027.

The New Skills Fund is refinanced

The draft also includes the refinancing of the New Skills Fund increased, for 2026, by EUR 500 million from the administrative surplus of the Anpal account - which finances hourly wages, as well as charges for social security and welfare contributions for working hours allocated to training courses - a provision, however, at risk due to coverage problems (see 'Il Sole -24 ore' of 26 April).

Health and Safety at Work

A chapter of the draft Decree is dedicated to occupational health and safety regulations: in Legislative Decree No. 81 of 2008, reference is added to the certifications relating to the fulfilment of occupational health and safety training obligations under the decree, which must be uploaded by the employer within the Social and Labour File, interoperable with the SIISL platform for the purposes of their validity, within five days of their issue by the training organisations.

Protections for digital platform workers

The text also intervenes on the protection of work through digital platforms and measures to combat digital caporalism: on the subject of the qualification of the employment relationship, when there are indications of control or hetero-direction exercised, including through algorithmic management, the employment relationship is presumed to be of a subordinate nature, unless there is proof to the contrary. In the compulsory communications, the number of services performed, the time span in which they are performed and the municipality in which they are performed must be indicated. The following constitute relevant indications of exploitation, if not justified by specific objective reasons, also in the digital context: the payment of remuneration below the minimum levels provided for by collective bargaining; the imposition of disproportionate rhythms, availability times or workloads; the systematic subtraction of portions of remuneration through fictitious interpositions or abusive deductions; the use of other people's identities, documents or accounts in an organised manner.

Access to the platform by the worker can be granted with Spid, Cie or Cns or with an account issued by the platform itself with a multi-factor authentication system.

Insurance for caregivers

Another chapter is devoted to domestic work, family care and non-self-sufficiency, and among the new features is the compulsory insurance cover against accidents at work for persons who act as family caregivers. There are 'limits' to access this protection: it is necessary to guarantee a care load of 91 hours or more per week for a cohabiting person who is not self-sufficient. To obtain recognition, then, the caregiver must not work or earn more than EUR 3,000 a year (or have an Isee not exceeding EUR 15,000).

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