The Sammarinese labour reform

Subject

Implementation of a proposal for intervention in the field of temporary work, fixed-term contracts and secondment; preparation of a draft of a delegated decree on work performed abroad; presentation at a conference of an initial study on possible changes/corrections to the rules on collective dismissals and other methods of exiting the world of work (just cause resignations, just cause dismissals, etc.) and on the reform of social safety nets (with a view to combining passive and active labor policies and stimulating worker proactivity, with conditionality tools, taking into account comparative experience and good practices and the recommendations of the International Monetary Fund regarding the risk that CIG becomes structural - companies that access it periodically -); preparation of guidelines/intervention on the matters covered by the aforementioned conference and a second phase for the period November 2023 – June 2024 concerning the preparation of a draft of a regulatory framework on exit from work/social safety nets, passive and active policies, organization of a conference concerning a reflection on the topicality of the general principles of Law no. 7/1961, with particular regard to the relationship between law and collective autonomy, safety at work, working hours and any updates to Law no. 59/2016 (especially with respect to the right to strike in essential services); preparation of guidelines and/or a regulatory framework on the matters covered by the aforementioned conference, registered on 26 January 2023 in Vol. 2023 No. 674 at the Registry and Conservatory Office of the Republic of San Marino.

Learning outcomes

Objectives of Protocol I 2022

• Conduct a preliminary comparative study of the Italian and European labor markets, with particular attention to small states or those that may have similarities to the Republic of San Marino as a small enclave state;
• organization of a conference to present the study referred to in the previous letter a) and an initial proposal for the general lines of the reform intervention and the related initiation of discussions with the social partners and employers;
• development of a first draft of regulatory reform and Consolidated Law.

Objectives of the II protocol 2023/24

• Presentation of proposals for intervention regarding temporary work, fixed-term contracts, and secondment;
• preparation of a draft of a delegated decree on work performed abroad;
• Presentation at a conference of an initial study on possible changes/corrections to the rules governing collective dismissals and other methods of exiting the workforce (just cause resignations, just cause dismissals, etc.) and on the reform of social safety nets (with a view to combining passive and active labor policies and encouraging worker proactivity, using conditionality tools, taking into account comparative experience and best practices and the recommendations of the International Monetary Fund regarding the risk of CIG becoming structural (for companies that periodically access it);
• preparation of guidelines/intervention on the subjects covered by the aforementioned conference

Objectives of the 2025 implementation protocol

• Study and development of guidelines and proposed interventions regarding collective dismissals and other exit methods, social safety nets, and workplace safety from a comparative perspective. 
• Study and prepare any updates to Law No. 59/2016, especially regarding the right to strike in essential services and the regulations regarding family care and domestic work. With regard to this last point, the Parties undertake to initiate a joint process aimed at reviewing and updating the regulatory framework for family care and domestic work, with the aim of ensuring greater protection for workers and clearer and more effective regulation of employment relationships, taking into account socio-demographic developments and the needs of families.
• Organization of a conference on labor law matters covered by the Association Agreement between San Marino and the European Union, also evaluating, from a comparative perspective, the relevance of the general principles of Law no. 7/1961, with particular regard to the relationship between the law and collective autonomy, and working hours;

Status of works

The first part of the work has been completed and the results have been presented at the conference “The rules of work” 17 May 2022, the proceedings of which are published on the Sammarinese Jurisprudence Portal
The second part of the work is underway (the timelines are set for 2024).
The timelines for the third phase are set for October 2026.