La transposition de la Directive 2019/1158 en Italie: Problèmes en suspens et solutions complexes

A reflection is underway in Italy on the transposition of Directive 2019/1158 of June 20, 2019 concerning the work-life balance of parents and aid, in a context aggravated by the health crisis linked to COVID-19 and the exceptional conciliation measures applicable until the end of the emergency period. At the same time, the government approved a draft law known as the Family Act, delegating to the government for the adoption of the universal allowance and the introduction of measures support for families. The scope of which is broader and more general than the many mechanisms mentioned, there is no formal link with Directive 2019/1158. In the legal context in force in Italy, the effect of the transposition of the directive will probably relate to the rights of custody of the father and the so-called equivalent parent (« fathers or, where appropriate, persons recognized as equivalent second parents by national legislation »), on which the project insists, which highlights the persistent problem of the distinction between employed and self-employed workers, and the complex architecture of the existing legal regime.