With Circular no. 96 of May 26, 2025, INPS summarizes the regulatory framework concerning absences from work for blood donation by employees and provides private employers with operational instructions for obtaining reimbursement of wages paid for the days or hours of leave taken by donor employees. The right to remuneration is recognized for absences due to blood donation and is also extended to employees deemed unfit to donate, limited to the time required to assess eligibility. In both cases, the remuneration is advanced by the employer, who can subsequently request reimbursement from INPS.
As clarified in the circular, reimbursement may occur through offsetting: the employer is required to complete the UNIEMENS flow, indicating the informational data related to the type of absence that occurred in the month of the event, as well as the data specifically referring to the offsetting of the advanced remuneration, in accordance with the operational instructions contained in the same circular. Alternatively, for employers who do not use the offsetting system, it is possible to submit a direct reimbursement request, exclusively online, no later than the end of the following month.
The circular states that the employer must retain the documentation related to the employee’s participation in the donation for ten years. In particular, for employees who made the donation, the medical certificates confirming the minimum amount of 250 grams of blood collected must be kept, in order to validate the right to the paid day off and corresponding remuneration, as well as the declaration issued by the donor confirming the actual use of the paid day and the gratuity of the donation. For employees deemed unfit, the certificate must be retained indicating the employee’s personal details, the tax code of the healthcare institution or association to which the collection unit belongs, the reason for the unfitness, and the time spent at the transfusion center.
With Circular No. 95 of May 26, 2025, INPS clarified the changes introduced by the Budget Law 2025 on parental leave compensation. As of January 1, 2025, employed parents will be eligible for three months of parental leave compensated at 80%. The measure is applicable to parents who end their maternity – or paternity – leave after December 31, 2024, or in case of birth or entry into the family on or after January 1, 2025.
It is important to note that there is no increase in the total number of months of parental leave, but rather an increase in the allowance for three of the months already provided. The three months compensable at 80 percent can be taken by both parents, even in a split mode or entirely by only one, as long as it is within six years of the child’s life or within six years of the child’s entry into the family in the case of adoption or foster care, and in any case no later than the child’s coming of age.
The Circular provides operational instructions on the new Uniemens codes to be used as of January 2025 and clarifies the retroactive adjustment requirements for contribution reports to be made in July, August and September 2025 if the 30 percent allowance was initially applied.
The Wage Guarantee Element (so called EGR) is a one-off payment provided by several National Collective Labour Agreements as a form of compensation with an equalizing purpose. The employer pays the EGR to the employee, and it is subject to taxation and social security contributions under current legislation.
Generally, the payment of the EGR is conditional upon the absence of second-level bargaining that provides for performance-related bonuses, as well as the absence of additional economic treatments beyond those set by the collective agreement.
The amount, the recipients, the impact on contractual institutions such as additional monthly payments and severance pay, and the methods of payment of the EGR are defined autonomously by each individual NCLA.
Examples of NCLAs that include the EGR
Since 2012, the NCLA for Graphic Arts and Publishing (Industry) has granted a gross annual amount of €250.00 (or less, to offset any additional treatments) to permanent employees who have been in service since January 1st of each year, work in companies without second-level bargaining, and have not received individual or collective additional economic benefits in the previous three years beyond those provided by the NCLA.
The EGR is paid with the April salary of the following year. In case of early termination of employment, the amount is granted in proportion to the full months of service worked.
Starting in 2011, the NCLA for the Telecommunications sector provides a gross annual EGR of €260 (or less—offsetting any additional economic treatments) to permanent employees working in companies without second-level bargaining on performance bonuses and who have not received additional individual or collective economic treatments beyond those set by the NCLA in the previous year.
The EGR is paid in a single installment in April each year.
At company level, the NCLA allows employers to extend the EGR to fixed-term employees with contracts longer than six months and to other forms of subordinate employment.
The amount is adjusted proportionally in cases where the employee worked less than a full year or has a part-time contract.
If the employment relationship ends before the payment month, the accrued EGR must be settled with the final pay.
This amount is excluded from the calculation base of the severance pay and is quantified by also considering its impact on direct and indirect wage elements, whether legally or contractually mandated, and therefore includes them.
The NCLA for the Clothing Industry, with the aim of promoting company-level bargaining, grants an EGR of up to €350 gross to employees in companies without such bargaining and who do not receive other individual or collective economic treatments beyond those provided by the collective agreement.
This amount is paid with the January salary and is reduced accordingly by any additional individual treatments paid in the previous year.
Full payment is made to workers employed from January 1st to December 31st, while it is calculated in twelfths for those employed for only part of the year.
Proportional adjustment is also provided for part-time workers.
As of July 1, 2024, the National Collective Labor Agreement (NCLA) for the metalworking industry has officially entered the Extended validity regime, thereby maintaining the full validity of all contractual provisions.
All contractual provisions will continue to apply, including those related to corporate welfare. Specifically, by June 1, 2025, companies will be required to provide their employees with €200 in flexible benefits, as stipulated in Article 17 of the collective agreement. Employees may also choose to allocate these amounts to the Cometa Pension Fund or the Metasalute Healthcare Fund, according to each Fund’s rules.
Our team remains available to assist you with managing the related obligations.
1. NCLA Insurance Agencies – SNA – Production Bonus
In the June 2025 payslip, a production bonus will be paid to eligible employees, provided they are employed during the payment month.
2. NCLA Food Industry – Supplementary Health Care
Starting from 1 June 2025, employees may voluntarily contribute an additional €2 per month for 12 months to the health fund.
3. NCLA Breeders and Zootechnical Consortia – Seniority Increments
From June 2025, a gross monthly difference amount will be paid, calculated by comparing current seniority increments with those accrued up to 31 December 2024.
4. NCLA Autoferrotranvieri – Mobility – Compensation
By June 2025, companies must reach an agreement on working hours to balance productivity and work-life balance. A €40 gross monthly payment for 12 months depends on this agreement. Without it, only 50% will be paid from 1 January 2026. Alternatively, this amount can be converted into two paid leave days.
5. NCLA Footwear (Small Industry) – Wage Guarantee Element (WGE)
In June each year, the WGE is paid to employees employed from 1 January to 31 December of the previous year. It is proportionally reduced for shorter employment periods and adjusted for part-time workers.
6. NCLA Cement and Lime (Small Industry) – Wage Guarantee Element
In June, a €150 gross WGE is paid to employees in companies without second-level bargaining, employed on permanent contracts, fixed-term contracts longer than 6 months, or other subordinate work types, provided they were employed on 1 January and received only minimum NCLA compensation.
7. NCLA Cement and Lime (Industry) – Wage Guarantee Element
In June, a €170 gross annual WGE is paid to permanent employees in companies without second-level bargaining, who received only NCLA compensation in the previous year. The amount is reduced if additional compensation was received.
8. NCLA Ceramics (Industry) – Wage Guarantee Element
A €100 gross WGE is paid in June to permanent employees employed on 1 January in companies without company or territorial bargaining, who received only NCLA compensation in the past four years. The amount is reduced if additional compensation was received.
9. NCLA Social Cooperatives – Holiday Bonus
In June, the fourteenth monthly salary is paid, equivalent to half a month’s salary as of the payment month. For employees who started or ended employment during the year, the amount is prorated based on months worked, counting any period over 15 days as a full month.
10. NCLA Managers of Rural and Artisan Banks – Disability and Handicap
By June, an annual €1,500 contribution is paid for each dependent family member with a certified disability.
11. NCLA Journalists (Local Broadcasting) – Editorial Allowance
By 30 June, tele-radio journalists receive a €258.23 editorial allowance, which is excluded from other contractual compensation calculations except for severance pay.
12. NCLA Stone Industry (Small Industry) – Wage Guarantee Element
In June 2025, a €150 gross WGE is paid to permanent employees, fixed-term employees with contracts longer than 6 months, and other subordinate workers employed on 1 January in companies without second-level bargaining, who received only NCLA compensation.
13. NCLA Stone Industry (Industry) – Wage Guarantee Element
In June, a €210 gross annual WGE is paid.
14. NCLA Metalworkers – FEDERDAT – Wage Guarantee Element
In June 2025, a €190 gross annual WGE is paid in a single installment, prorated based on months worked in the previous year.
15. NCLA Metalworkers (Cooperatives) – Wage Guarantee Element
In June, a €485 gross annual WGE is paid to employees in cooperatives without second-level bargaining, who received only NCLA compensation in 2024. The amount is reduced if additional compensation was received.
16. NCLA Metalworkers (Industry) – Wage Guarantee Element
In June, a €485 gross annual WGE is paid to employees employed on 1 January 2025 in companies without second-level bargaining, who received only NCLA compensation in 2024. The amount is reduced if additional compensation was received.
17. NCLA Metalworkers (Cooperatives) – Compensation
By 1 June each year, companies must provide employees with welfare tools worth €200, to be used by 31 May of the following year.
18. NCLA Metalworkers (Small Industry) – CONFAPI – Wage Guarantee Element
In June, a €485 gross annual WGE is paid to employees employed on 1 January 2025 in companies without second-level bargaining, who received only NCLA compensation in 2024. The amount is reduced if additional compensation was received.
19. NCLA Metalworkers (Small Industry) – Wage Guarantee Element
Employees employed on 1 January in companies without second-level bargaining, who received only NCLA compensation in 2024, receive a €485 gross annual WGE in June. The amount is reduced if additional compensation was received.
20. NCLA Metalworkers (Small Industry) – CONFAPI – Training and Professional Development
Employees who did not complete the 24 hours of continuous training by 31 December 2024 may do so by 30 June 2025. Unused training hours after this date will expire.
21. NCLA Metalworkers (Industry) – Welfare
By 1 June, companies must provide employees with welfare tools worth €200, to be used by 31 May of the following year.
22. NCLA Urban Waste Collection (Private Companies) – Compensation
To ensure clarity on costs and contractual treatments, a methodology linked to actual inflation has been defined. In June 2025, based on inflation variations compared to the forecast of 3.44%, a €15 adjustment to base salaries may be applied. The adjustment occurs only if inflation exceeds the forecast by at least 0.5%; otherwise, the amount remains allocated to the performance bonus or is not consolidated.
23. NCLA Goldsmiths and Silversmiths (Industry) – Wage Guarantee Element
In June, a €250 gross annual WGE is paid to employees employed on 1 January in companies without second-level bargaining, who received only NCLA compensation in 2024. The amount is reduced if additional compensation was received.
24. NCLA Funeral Services – ASNAF – Wage Guarantee Element
In June, employees employed on 1 January 2025 in companies without second-level bargaining receive an additional monthly salary between €1,000 and €1,800, depending on their job category.
25. NCLA Auxiliary Services (ANPIT – CISAL) – Compensation
Employees employed (regardless of category or contract type, provided they work at least 20 hours per week) who have passed the probation period receive welfare amounts between €250 and €1,000, with 50% paid in June 2025 and the remaining 50% in December 2025. These amounts must be used within 12 months of being made available.
26. NCLA Textiles (Small Industry) – UNIONTESSILE – Wage Guarantee Element
In June, a €240 gross WGE is paid. The amount is comprehensive of all legal and contractual entitlements, including severance pay, and is paid in full to employees employed from 1 January 2024. It is prorated for others, considering any period over 15 days as a full month, and adjusted for part-time workers.
27. NCLA Freight Transport and Shipping – CONFETRA – Working Hours
For traveling personnel in Qualification 1 with G-H pay parameters, it is possible to deviate from the standard 39-hour workweek by applying a discontinuous regime through company agreements with trade unions. The discontinuous workweek limit reduces from 44 hours to 43 hours starting 1 June 2025, and to 42 hours from 1 January 2026. Existing agreements remain in effect until the new limits are implemented.
Minimum Wage Increases from 1 June 2025
Effective 1 June 2025, minimum wage increases are scheduled for the following NCLAs:
One-off Payments for June 2025
For the month of June 2025, the following NCLAs provide for the disbursement of one-off payments (“Una Tantum”):
NCLA Expirations – June 2025
The following NCLAs are set to expire in June 2025:
In recent note no. 2504 dated April 10, 2025, the Ministry of Labour and Social Policies, in response to a request for clarification from the National Council of the Labour Consultants’ Order (CNO), provided further details regarding Circular no. 6/2025. This circular contains initial operational guidelines related to the innovations introduced by the “Labour-Linked Act” (Law no. 203/2024), including the procedure for “resignation by conclusive conduct.”
According to Article 19 of Law no. 203/2024, in cases of “unjustified absence of the employee extending beyond the period established by the applicable national collective labour agreement (NCLA) or, if not provided, exceeding fifteen days”, and where the employee has neither submitted an explanation nor filed formal telematic resignation, the employer may activate the resignation by conclusive conduct procedure by notifying the local Labour Inspectorate. The employment relationship will then be considered terminated on the initiative of the worker.
The law thus explicitly acknowledges that an employment relationship can be terminated through what is known as resignation by conclusive conduct (or de facto resignation), allowing the employer to interpret the worker’s unexcused absence over a certain period as an intent to terminate the employment.
Communication to the Labour Inspectorate, which initiates this process, can only be made after a suitable period of unexcused absence, defined by the collective agreements or, in their absence, longer than 15 days.
In Circular no. 6/2025, the Ministry clarified that the 15-day period stipulated by law serves as a minimum legal threshold. Once this period has elapsed, the employer may notify the territorial Labour Inspectorate. If a different period is established by a collective agreement, it will apply only if it is longer than the legal minimum. If it is shorter, the legal period of 15 days must be observed, following the general principle that contractual autonomy may only modify legal provisions in melius (i.e., to the benefit of the worker).
The Ministry also introduced a clarification not explicitly stated in the law: the employer may initiate the resignation by conclusive conduct procedure not before the 16th day of unexcused absence, with the option to file the communication to the Inspectorate at a later time.
Likewise, the 15-day minimum must also be respected for sending the UNILAV notice of employment termination. The communication to the Inspectorate marks the start (dies a quo) of the 5-day period allowed for submitting the mandatory notice to the public employment service.
It is important to note, as stated in the second part of Article 19 of Law no. 203/2024, that once the procedure is activated, the Labour Inspectorate may verify the accuracy of the report, and the worker may demonstrate either that they provided a valid justification or that they were unable to do so due to force majeure or reasons attributable to the employer.
Following clarification requests from the CNO, the Ministry addressed further details in Note no. 2504 of April 10.
Firstly, the Ministry clarified the legal status of the 15-day threshold for unjustified absence: while the law does not establish this period as mandatory and unalterable, it serves as a fallback measure in the absence of contractual provisions. Therefore, collective agreements could, in principle, define shorter periods.
However, the Ministry, while acknowledging the residual nature of the legal term, expressed caution, interpreting the phrase used by the legislator (“in the absence of a contractual provision, exceeding fifteen days”) as a sign that shorter durations should not be used, out of prudence. Thus, even though the law does not explicitly forbid shorter timeframes, it is considered that no interpretation should worsen the worker’s legal position, in order to prevent potential abuse or distortion of the employment relationship.
In response to further queries by the CNO, the Ministry also clarified what happens in the following cases:
The National Labour Inspectorate, so called INL, through note No. 616 dated April 3, 2025, clarified that the systematic payment of severance pay through monthly payroll, outside the cases provided by law, is not compliant with current regulations. Specifically, the INL emphasized two main points:
The Inspectorate clarified that collective or individual agreements may only concern the advance of accrued severance pay, not the automatic monthly transfer of a portion of severance pay into payroll as a mere wage supplement, which would also have consequences in terms of social security contributions.
As is well known, severance pay is a sum set aside by the employer to provide the employee with financial support upon termination of employment. Article 2120 of the Italian Civil Code governs the calculation methods and conditions for advance payment of the severance pay, allowing the employee to request a portion of the amount before the end of the employment relationship under specific conditions—such as extraordinary medical expenses or purchasing a first home.
Moreover, such an advance can only be requested once during the employment relationship and is deducted from the final severance payment. Article 2120 also allows for collective bargaining or individual agreements to set more favorable conditions and priority criteria for approving advance requests.
The INL’s note focused on Law No. 190/2014, which had introduced, on an experimental basis and only for the period between March 1, 2015, and June 30, 2018, the option for private-sector employees to receive their accrued severance pay monthly in their payslip. This experiment has ended and has not been extended.
According to the INL, in conclusion, the monthly disbursement of severance pay contradicts the very rationale of the institute, which is to provide financial support at the end of the employment relationship.
If the INL finds that severance pay has been paid monthly in a manner not compliant with the law, its inspection staff will issue a formal order under Article 14 of Legislative Decree No. 124/2004, requiring the employer to allocate the improperly advanced severance pay amounts. This may lead to:
Therefore, monthly payment of severance pay in the payslip is only allowed in cases expressly provided by law, such as during the experimental period that ended in 2018 or upon the worker’s request under the specific conditions outlined in Article 2120 of the Civil Code. Any other form of systematic advance of severance pay is considered unlawful and may result in penalties for the employer.
On May 12, 2025, INPS published Circulars No. 90/2025 and 91/2025, which provide operational guidelines for managing the social security contribution exemptions established by Decree-Law No. 60/2024 (the Cohesion Decree), aimed at promoting stable employment for young people and women.
Circular No. 90/2025 outlines the operational instructions for the 100% exemption from social security contributions for employers hiring young individuals under the age of 35 on permanent contracts, who have never previously had a permanent contract. This exemption applies to both new hires and conversions from fixed-term to permanent contracts. It lasts for 24 months and is capped at €500 per month (€650 in the regions within the Single SEZ for Southern Italy). The exemption is valid for hires and conversions made between September 1, 2024, and December 31, 2025, and from January 31, 2025, to December 31, 2025, in the SEZ regions.
Circular No. 91/2025 provides operational guidelines for the 100% exemption from contributions, up to €650 per month, for hiring women in specific situations. The exemption applies to women who have not held a regularly paid job for at least 24 months, or for at least 6 months if they reside in the Single SEZ regions of Southern Italy, or if the hiring occurs in sectors with a high gender disparity. The benefit lasts for either 12 or 24 months and is applicable to hires made between September 1, 2024, and December 31, 2025, or between January 31, 2025, and December 31, 2025, depending on the specific case.
Additionally, the Ministry of Labour and Social Policies has made explanatory slides available on its website for both bonuses, offering companies useful instructions for properly handling exemption requests and supporting the effective implementation of these measures.
Flexible maternity leave is a measure that allows female employees to adapt the period of mandatory leave from work to their personal needs by postponing part or all of the leave until after childbirth.
The Consolidated Act on Maternity and Paternity (Legislative Decree 151/2001) provides that, as a general rule, mandatory maternity leave starts two months before the expected due date and ends three months afterward.
However, Article 20 of the Consolidated Act stipulates that, while maintaining the total duration of maternity leave at five months, employees may choose to begin their leave one month before the expected due date and continue until the fourth month after childbirth. This option is only available if both a specialist doctor from the National Health Service (or an affiliated provider) and the occupational health doctor certify that postponing the start of leave poses no risk to the health of the mother or the unborn child.
As a further alternative to the standard maternity leave schedule and the flexibility option, Article 16 of the Consolidated Act allows the employee to take leave exclusively after childbirth, using the entire five-month mandatory leave period following the birth.
To apply for flexible maternity leave (i.e., one month before and four months after childbirth, or all five months after childbirth), the employee must follow these steps:
Given the complexity of the above procedures and the frequent regulatory changes affecting maternity protection, it is strongly recommended to consult an expert to correctly carry out all necessary actions to benefit from the leave.
Yes, the Consolidated Act on Maternity and Paternity (Legislative Decree 151/2001) generally provides that mandatory maternity leave starts two months before the expected due date and ends three months after.
However, Article 20 allows employees to begin their leave one month before the expected due date and continue until the fourth month after childbirth, provided that both a specialist doctor from the National Health Service (or affiliated provider) and the occupational health doctor confirm that postponing the start of leave poses no risk to the health of the mother or the unborn child.
Yes, as a further alternative to the standard and flexible maternity leave options, Article 16 of the Consolidated Act allows the employee to take the entire mandatory five-month leave period after childbirth.
To request flexible maternity leave (i.e., one month before and four months after childbirth, or the entire five months after childbirth), the employee must follow these steps:
Due to the complexity of the above requirements and the frequent regulatory updates concerning maternity protection, it is strongly recommended to consult an expert to ensure proper compliance and to take full advantage of the leave.
Yes, flexibility can be discontinued either at the employee’s request or in the event of health issues. Specifically, if a medical certificate confirms an illness, the flexibility option is automatically terminated starting from the date the illness begins, and the mandatory maternity leave starts on that same day.
No, flexibility does not impact the amount of the maternity benefit. The benefit paid by INPS is equal to 80% of the average daily wage, regardless of whether the employee chooses the standard or flexible option. This may be supplemented by an employer-provided top-up, depending on the collective labor agreement (CCNL) applicable to the employment relationship.
In a constantly evolving regulatory environment, welfare, compensation & benefits policies are emerging as indispensable tools for organisations wishing to improve operational efficiency and market competitiveness.
Today, workers’ expectations extend beyond the pay component in the strict sense, embracing aspects such as flexibility, welfare services and customised benefits. These tools become crucial for attracting, motivating and retaining talent.
HR Capital proposes itself as a qualified partner in the preparation of corporate welfare plans, offering consultancy tailored to each reality and in full regulatory compliance, guaranteeing access to the tax and contribution benefits provided by current legislation.
To complement these initiatives, fringe benefits represent a further strategy to reward specific workers. Our support in the selection and management of non-monetary benefits can help optimise economic efficiency, ensuring compliance with the exemption thresholds.
The integration between welfare plans and fringe benefits, in fact, allows the construction of flexible remuneration models, able to respond in a timely manner to the needs of different categories of employees.
Companies that promote a culture oriented towards employee welfare, enhancing their human capital through innovative tools and customised solutions such as welfare, compensation & benefits policies, are the ones that successfully meet the challenges of the market.
However, the effectiveness of such policies also depends on the company’s ability to adapt to complex and constantly evolving regulations, both in the tax and welfare fields. It is therefore crucial that the solutions adopted are fully compliant with current regulations in order to avoid potential negative implications.
Continue reading the full version published in Global Summit Human Resources.
Il prossimo 21 e 22 maggio saremo tra i relatori della 9ª edizione del Global Summit Human Resources.
I nostri Consulenti del Lavoro e collaboratori Roberta De Felice e Andrea Di Nino approfondiranno il tema del gender gap.
Il gender gap è una ferita aperta nel mondo del lavoro: a parità di ruolo, le donne guadagnano meno, faticano a ottenere promozioni e subiscono discriminazioni velate. Ma il cambiamento è in atto. La certificazione di genere rappresenta un passo concreto verso l’equità: le aziende che adottano politiche inclusive e misurabili potranno ottenere un riconoscimento ufficiale, con incentivi economici e reputazionali.
Con la Direttiva (UE) 970/2023, la trasparenza salariale diventerà obbligatoria e le imprese dovranno rendere noti i criteri retributivi, eliminando disparità ingiustificate.
Il futuro è chiaro: il gender gap non sarà più tollerato e l’equità di genere non sarà più un’opzione, ma una necessità.
Starting May 1, 2025, contractual minimum wages will increase under the following NCLAs:
One-Time Payment for May 2025
The following NCLAs will provide one-time Payment in May 2025:
Starting from January 12, 2025, in implementation of Article 30 of Law No. 203/2024, workers can apply to INPS for the establishment of a life pension at their own expense, even beyond the standard limitation periods, to cover periods of missed mandatory contributions. Circular No. 48 of February 24, 2025, provides clarification on the conditions, scope, and operational instructions for accessing this new provision.
Regulatory Framework
The new paragraph 7 of Article 13 of Law No. 1338/1962, as amended, establishes that:
“The worker may request the National Social Security Institute to establish a life pension at their own expense, calculated under paragraph 6.”
INPS highlights that the worker has the right to regularize omitted periods of contribution if they can prove the existence of such periods with appropriate documentation.
One of the most significant elements introduced by the law is the removal of the usual prescription limits. A life pension can be established for previously prescribed contribution periods, i.e., beyond the five-year limit for regularizing contributions by the employer and the additional 10 years within which the worker can request the pension according to previous paragraphs. The possibility of requesting the life pension under the new paragraph 7 is available with a prescription period of 15 years.
As clarified in the circular, prescription does not affect the worker’s right to regularize their pension position. Even without litigation or an inspection procedure, the worker can act independently, assuming full financial responsibility.
The right to apply for the pension applies to the mandatory insurance systems managed by INPS, including:
To access the pension establishment, the worker must:
The established life pension will have the same effects as the contributions actually paid:
In its reply to inquiry no. 77/E of March 20, 2025, the Revenue Agency addressed the potential application of the tax relief regime to variable compensation paid under “MBO” (Management by Objectives) schemes and its exemption from taxes and contributions if converted into welfare benefits.
The inquiry raised by the requesting company concerns the possibility of excluding from tax the variable MBO compensation converted by employees into welfare benefits under Article 51, paragraphs 2 and 3, last part, of the TUIR (Presidential Decree No. 917/1986). The request details that MBO recipients eligible for welfare plans are primarily employees in managerial roles, with a small number of clerical workers, identified based on their position’s complexity, responsibilities, and the management evaluation from their respective departments.
The company also specified that the MBOs in question are incentive plans awarded for achieving both collective goals, such as the profitability of the group or company, and individual goals, specific to the role or projects followed by each employee. In this regard, the portion of variable compensation related to individual performance remains subject to ordinary taxation, while the remaining portion, paid based on collective company goals, would benefit from a tax relief regime of 10% (5% until 2027), and could be converted into welfare benefits.
The Revenue Agency, in providing its opinion, first recalled Article 51, paragraph 1, of the TUIR, which states that all sums and values, regardless of their form, received during the tax period, are considered taxable income. Therefore, both cash and non-cash benefits generally contribute to the taxable income (the so-called principle of inclusiveness).
In the case of exemptions from taxable income under paragraphs 2 and 3 of the same article, the Revenue Agency specified that tax-exempt benefits can only be those directly linked to services, goods, or expense reimbursements and cannot be considered if they are designed to incentivize worker performance. Thus, the tax exemption would not apply to MBO compensation, as MBOs are considered forms of performance-based compensation, not eligible for conversion into welfare “tax-exempt” benefits.
The Agency also referred to Circular No. 28/E/2016, emphasizing that conversion to welfare benefits is limited to performance-related bonuses and profits that are subject to a substitute tax at a reduced rate (10% or 5% until 2027).
On March 27, 2025, the Ministry of Labor and Social Policies published Circular No. 6/2025, providing the first operational guidance regarding the measures implemented by Law No. 203 of December 13, 2024, known as the “Labor Connected.” The circular outlines some provisions introduced by the law, providing clarifications on various implications of the regulation. Among the provisions discussed, the circular offers clarifications on labor leasing, specifying that the periods of work leasing before January 12, 2025, the effective date of the “Labor Connected,” will not be counted for the purpose of calculating the 24 months after which a permanent employment relationship would be established between the user and the leased worker.
Further clarifications are provided regarding the probationary period for fixed-term contracts. The circular specifies that the duration of the probationary period should be one day of actual work for every 15 calendar days. Regarding the minimum and maximum limits for the probationary period, set respectively at 2 days and 15 days for contracts up to 6 months, and 30 days for contracts longer than 6 months but shorter than 12 months, the circular clarifies that these maximum limits are not negotiable through collective bargaining.
Collective agreements may shorten but not extend these durations, as agreements that provide a shorter probation period are considered more favorable to the worker. Additionally, the Ministry provided clarifications regarding resignation “due to conclusive facts” as regulated by the “Labor Connected.” The circular specifies that the 15 days of unjustified absence required for the validity of resignations represent an unalterable minimum period. Collective bargaining can only extend this period but cannot reduce it.
Thank you for this interview and for participating in the #GHRSummit25. What are your expectations for this event? With what mindset are you approaching it?
We are taking part in the #GHRSummit25 with great enthusiasm, fully aware of the importance of this event for the human resources sector. We look forward to meeting companies and professionals with whom we can share innovative ideas, explore new opportunities, and engage in meaningful discussions about future challenges. For us, the Summit is a unique opportunity to present our integrated approach to human resource management and to gain a deeper understanding of the needs of businesses. Furthermore, we will have the chance to delve into a crucial topic such as the gender gap in the workplace through our dedicated speech on gender certification and pay transparency, in light of Directive (EU) 970/2023.
What do you believe will be the main HR trends over the next five years?
In the coming years, HR will be increasingly driven by digitalization, artificial intelligence, and the personalization of the employee experience. The use of advanced data analytics tools will enable companies to improve talent attraction and retention. At the same time, there will be a growing focus on employee well-being, with more flexible work models and targeted strategies aimed at balancing performance and work-life balance. At HR Capital, we continuously invest in innovative solutions to support companies through these changes, offering tailored consulting and cutting-edge technological tools. At the same time, with the support of De Luca & Partners, we also assist businesses from a legal perspective, ensuring compliance with constantly evolving regulations, especially regarding employment contracts, industrial relations, and work organization. We believe that technology is a powerful ally, but that the human element and legal oversight remain essential for truly effective human resource management.
Read the full version published on Global Summit Human Resources.
In recent years, the activity of influencers has become increasingly widespread and relevant, favoured by the rise and growing popularity of social networks. This phenomenon has profoundly transformed the dynamics of digital communication, influencing marketing, business strategies and consumer habits but, from a regulatory point of view, the legislator has never intervened to regulate their activity. Against this backdrop of increasing development of the profession, the interest of institutions – especially social security institutions – has grown in parallel, evidently wishing to include influencers in their contribution base.
At the same time, the normative-regulatory confusion related to the figure is witnessed, in recent years, by the difficulty of judges to frame the influencer in a precise manner, from a legal point of view, within the cases typified by the legislator.
This uncertainty has generated divergent interpretations and an uneven application of the rules, making the definition of a clear and coherent legal framework for the profession even more complex.
In this context, the relationship established with an influencer was, for instance, considered as a generic ‘self-employment relationship’ (Court of Fiscal Justice – Piedmont Region, No. 219/23); as a ‘sponsorship contract’ (Trib. Pavia, 16/1/23); until it was traced back to the typical ‘agency relationship’ by the Court of Rome, with decision No. 2615/24.
In the latter case, the Rome court upheld the claims of ‘Enasarco’, which had argued that certain influencers were agents, on the basis, inter alia, of certain typical elements of the agency relationship, such as those relating to the stable and continuous promotion of a company’s products.
This jurisprudential orientation highlights the tendency to trace the activity of influencers back to pre-existing contractual schemes, even in the absence of a specific discipline, raising questions about the adequacy of the current regulatory framework in effectively regulating this new professional reality.
Well, this latest pronouncement – known to most for having considered certain ‘sportsmen’, sports-related subjects, ‘personal trainers’ and ‘body builders’ in the same way as commercial agents – has opened the debate among insiders as to the scope of this decision, also in view of the important economic implications that may result from it.
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INCREASE IN MINIMUM WAGES FROM APRIL 1, 2025
Starting April 1, 2025, an increase in the minimum contractual wages is expected for the following NCLA agreements:
One-Time Payment for April 2025
For the month of April 2025, a “One-Time Payment” is planned for the following NCLA agreements:
NCLA Expirations in April 2025
The following NCLA agreements are set to expire in April 2025:
With Circular No. 44 of February 19, 2025, INPS has provided guidance on the social security treatment applicable to content creators—individuals who produce digital content for online platforms. The document aims to clarify the registration and contribution requirements based on the type of activity performed.
Content creation involves producing and sharing multimedia content, such as videos, images, texts, and podcasts, across digital platforms. Creators can monetize their work through various channels, including:
This activity can be carried out sporadically or continuously, with varying degrees of professionalization. These differences impact social security obligations and the classification of creators within the welfare system.
INPS Circular No. 44 differentiates content creators based on the nature of their activity:
Depending on the frequency, organization, and profit-driven nature of their work, content creators may be classified as freelancers, digital entrepreneurs, or entertainment professionals, each with distinct social security obligations.
INPS specifies that content creators may fall under different social security regimes, depending on how they conduct their activity.
If a content creator operates independently and continuously but does not fall within the entertainment sector, they must register with the INPS Separate Management Scheme (Gestione Separata) under Article 2, Paragraph 26 of Law 335/1995. This applies to professionals who work without an employment contract and are not registered with other social security funds.
Alternatively, if the creator operates as a structured business—e.g., with a VAT number and a team—their activity may be classified under digital entrepreneurship, requiring registration with the INPS Commercial Traders’ Scheme (Gestione Commercianti).
The circular also clarifies that some content creators may be subject to the Entertainment Workers’ Pension Fund (Fondo Pensioni Lavoratori dello Spettacolo – FPLS), particularly if their activity resembles that of artists, directors, or entertainment technicians.
If a content creator primarily engages in digital marketing, their work could be considered akin to live or recorded entertainment—especially if it involves producing videos, artistic performances, or entertainment content. In such cases, INPS mandates registration with FPLS, applying the relevant contribution rates.
INPS Circular No. 44/2025 serves as a crucial regulatory reference for determining the social security status of content creators. The distinction between freelancers, traders, and entertainment workers defines specific contribution obligations. Professionals in the field must stay informed to comply with regulations and avoid penalties or loss of social security rights.
Since the beginning of the year, the Italian Revenue Agency has issued several clarifications regarding the eligibility requirements for the new tax incentive for incoming workers, introduced by Legislative Decree 209/2023.
Specifically, the agency has provided insights on:
Since 2024, a new tax relief scheme has been in place for employees and self-employed workers who move their tax residence to Italy starting from the 2024 tax year. Eligible individuals can benefit from a 50% exemption on their taxable income—up to an annual limit of €600,000—for five tax years, provided they meet the conditions set out in Article 5 of Legislative Decree 209/2023, including:
If the worker’s Italian employer is the same company (or part of the same corporate group) they worked for abroad, the required period of prior residence abroad increases to six years—or seven years if they were previously employed in Italy by the same employer or a related entity before relocating abroad.
Additionally, the scheme provides an enhanced benefit, increasing the exempt portion of income to 60%, in cases where:
The Italian Revenue Agency has frequently been asked to clarify the qualifications needed to access the new tax relief for incoming workers.
In ruling no. 55 (February 28, 2025), the agency addressed a taxpayer’s query regarding whether their academic degree and professional qualifications met the necessary criteria. The taxpayer held a diploma and a license as a “Master on vessels of 3,000 gross tonnage or more,” along with certification as a Company Security Officer. They had been hired in Italy in 2024 with a senior managerial qualification (Quadro Super).
The query asked whether these credentials satisfied the high qualification and specialization requirement, given that the license was not officially recognized in Italy as equivalent to a university degree. The taxpayer also sought clarification on whether both an advanced degree and a high-level qualification were required, or if merely holding a high-ranking professional position (falling within levels 1, 2, or 3 of ISTAT’s CP 2011 classification) was sufficient for eligibility.
While the Revenue Agency stated that such technical assessments fall outside its competence, it pointed to Article 5 of Legislative Decree 209/2023, which refers to Article 27-quater of the Immigration Code (introduced by Legislative Decree 108/2012) for defining qualification criteria. The agency indicated that the taxpayer could benefit from the scheme, provided they meet at least one of the specified qualification requirements, but stressed that it is not responsible for assessing these qualifications in ruling procedures.