31 October 2025
Fixed-Term employment
Exemption from contributions for mothers: extended to Fixed-Term contracts and domestic work
Constitutional Court
The Constitutional Court declared the illegitimacy of Article 1, paragraphs 180 and 181, of the 2024 Budget Law, insofar as it limited the exemption from paying the portion of social security contributions for invalidity, old age, and survivors to mothers with permanent contracts only.
The issue was raised by the Court of Milan in a case brought by some mothers with fixed-term contracts and by protection associations, who complained about the discrimination arising from their exclusion from the benefit due to the type of contract or the sector of employment.
The Court upheld the objections, stating that the exemption measure, aimed at promoting maternity and female participation in the labor market, cannot be reserved only for workers with permanent contracts, as this creates an unreasonable disparity of treatment in violation of Articles 3 and 31 of the Constitution. The extension must also apply to workers with fixed-term contracts and domestic workers, provided that subjective conditions are equal.
This decision is particularly relevant for employers, who will now need to coordinate with INPS for the uniform application of the benefit once the related administrative rules are updated.
