When does the obligation to information be fulfilled?
The obligation to information on working conditions, for the benefit of employees, is acquitted by the company by delivery, upon setting up the employment relationship and before the start of the work activity, alternatively:
- of the individual employment contract, drawn up in writing;
- of the copy of the prior communication to establish the employment relationship (electronic model “Unified-rav“).
As a rule, the employer opt for the first solution.
What should the assumption letter contain?
For construction workers, the content of the recourse letter must compulsorily comply with the regulatory provisions provided for the generality of employees (article 1, paragraph 1, Legislative Decree number 152/1997):
| Information requested by law | Term to fulfill the information obligation |
| Identity of the parties | Within 7 days from the start of the work performance |
| Place of work | |
| Headquarters or domicile of the employer | |
| Classification, level and qualification or, alternatively, the characteristics or the summary description of the work | |
| Start date of the relationship | |
| Type of employment relationship (for fixed -term contracts it is necessary to specify the duration of the collaboration) | |
| Duration of the trial period, if expected | |
| Initial amount of remuneration and its constitutive elements, indicating the period and methods of payment | |
| Working hours and any conditions concerning extraordinary work and its remuneration (in addition to any conditions foreseen for the changes on duty, if the contract contemplates a predictable working hours)) |
Directly when hiring and, in any case, Within a month from the start of the servicethe employer is required to provide the following information:
- employee’s right to receive the training provided by the company, if planned;
- duration of paid holidays and other paid leaves;
- terms of notice in case of termination of the contract;
- collective contract (even if territorial or corporate) applied to the employment relationship;
- Bodies and institutions that receive social security and insurance contributions, in addition to the forms of protection on social security.
The information must:
- be communicated to the worker clearly and transparently, in paper or electronic format;
- be kept and made accessible to the worker and the employer retains the proof of the transmission or reception for the duration of 5 years from the conclusion of the report.
In the event of extinction of the report before the expiry of the one month from the date of registration, the employee must be delivered, at the time of the cessation, a written declaration which reports the information described above.
What to do in case of variation of the contractual conditions?
The modification of the contents of the letter of recruitment during the employment relationship must be communicated in writing to the employee within the first day of effect of the effects of the change itself.
They are an exception The hypotheses in which the modification is the daughter of legislative or regulatory provisions (i.e. by clauses of the collective agreement).
Possibility of referral to collective agreements
Considering the amount of information to be provided to the employees, the legislation admits the possibility, in the letter of hiring, to communicate the following data simply by means of the postponement to the legislation of the legal competent in the matter and to the collective bargaining (also territorial or corporate) applied:
- duration of the trial period;
- training due to the employee;
- duration of paid holidays and other leaves to which the worker is entitled;
- terms of notice in case of withdrawal;
- initial amount of remuneration and its constitutive elements, as well as period and methods of payment;
- working hours and any conditions related to extraordinary work;
- Bodies and institutions that receive social security and insurance contributions, as well as the forms of protection on social security provided by the employer.
With a view to simplification of obligationsthe employer is obliged to deliver (or to make available to employees), also by publication on the company telematic portal, the national, territorial and corporate collective contracts, as well as any internal regulations, applied to the employment relationship.
However, unified-lav communication is mandatory
The fulfillment of the information obligations by means of the hiring letter does not exhate the employer from the electronic sending of the model “Unified-rav“By the appropriate online portal of the Region – competent Autonomous Province.
