With a view to initiating a path of cultural change in corporate organisations in order to achieve the most equitable ”gender equality’‘, overcoming the stereotypical vision of roles, and activating female talents to stimulate the country’s economic and social growth, as is well known, there have been numerous regulatory interventions aimed at recognising equal rights and greater protection for women workers.

In particular, among the most relevant innovations, Law No. 162/2021 (the so-called Equal Pay Law), which came into force on 3 December 2021, establishes, as of 1 January 2022, the ”Certification of Gender Equality’‘ (Article 46 bis of Legislative Decree No. 198/2006), in order to recognise the measures adopted by employers to reduce the gender gap in relation to
growth opportunities in the company, equal pay for equal work, gender equality management policies and maternity protection.

The Gender Equality Certification System is therefore aimed at encouraging the adoption of gender equality and women’s empowerment policies at company level and thus at improving women’s access to the labour market, leadership and life-time harmonisation.

On 16 March 2022, the UNI/PdR 125/2022 document was approved, which constitutes the Reference Practice containing guidelines for the implementation of gender equality policies in companies and a reference for the Certification of the gender equality management system of companies pursuant to the same UNI/PdR 125/2022. In order for gender equality actions to be effective, the reference practice defines a set of indicators (KPIs) capable of driving change. To ensure a measurement of the maturity level of individual organisations, 6 assessment areas are identified:

1. culture and strategy
2. governance
3. HR processes
4. opportunities for growth and inclusion of women in the company
5. gender pay equity
6. parental protection and work-life balance.

By decree of 5 April 2022, in order to monitor the Gender Equality Certification System, the Permanent Working Table on Gender Equality Certification was established at the Department for Equal Opportunities.

Gender Equality Certification can be requested by any type of organisation, of any size and legal form, operating in the public or private sector.

Even small and medium-sized enterprises and micro enterprises should not be excluded from this process of change: with PNRR funds, the Department for Equal Opportunities has set aside contributions to both support these enterprises in technical assistance and accompaniment services for Certification and to bear the costs of Certification.

The application for Certification is made on a voluntary basis and at the request of the enterprise to certification bodies accredited by Accredia (pursuant to EC Regulation 765/2008) that operate on the basis of UNI/PdR 125:2022 practice.

Certification is valid for three years and is subject to annual monitoring.

• an exemption from paying a percentage of the total social security contributions employer’s social security contributions. The exemption is determined is calculated on the total social security contributions payable by the employer, to an extent not exceeding 1% and up to a maximum of EUR 50,000 per year for each company (Article 5, paragraphs 1 and 2, Law No. 162/2021);
• bonus score for the evaluation, by authorities holding European funds national and regional funds, of project proposals for the purpose of granting State aid co financing of investments incurred (Article 5.3, Law No. 162/2021);
• a 30% reduction in the surety guarantee for participation in public tenders public tenders (Article 93, paragraph 7, of Legislative Decree No. 50/2016, amended by Article 34, paragraph 1, Decree-Law No. 36/2022). 1, DL 36/2022);
• premium criterion in the evaluation of the offer, which contracting authorities contracting authorities must indicate in the contract notice (Art. 95, paragraph 13, of Legislative Decree no. 50/2016, amended by Art. 34, paragraph 2, DL 36/2022).

Grimaldi Alliance, con il suo team di professionisti guidati dall’Equity Partner Avv. Maddalena Boffoli, ha l’expertise necessaria e le migliori competenze per l’attività di consulenza legale a supporto delle aziende per la presentazione della domanda della Certificazione di parità. Nell’ambito delle tematiche ESG (Enviromental, Social & Governance), Grimaldi Alliance, anche in partnership con Società operanti, ad esempio, nel settore della Economia Circolare, assiste le aziende clienti nella redazione del Bilancio di sostenibilità e/o Piani ESG e l’Avv. Maddalena Boffoli, insieme al suo team, in particolare, supporta le società richiedenti la Certificazione di parità, occupandosi delle seguenti attività:

• preliminary internal analysis of the current company situation with respect to the UNI/PdR assessment areas;
  
• identification of areas for possible improvement with measures that can be adopted in the short term and with proposals for more complex initiatives (to be implemented in the medium term) to further improve the corporate situation;
  
• Consultancy support in the various phases of the assessment process of the corporate gender equality policy to be adopted (which must be defined by top management, in coordination with the steering committee, communicated within the organisation and to the stakeholders, subject to training and awareness-raising for corporate management, reviewed or confirmed periodically in the review phase on the basis of events, changes and the results of monitoring and audits, coordinated by a responsible figure, designated by management and in possession of organisational and gender skills);
  
• Participation in the steering committee for the effective adoption and continuous and effective implementation of the gender equality policy (general and related), including in the design and drafting of the Strategic Plan;
  
• Monitoring with support in planning, implementing and documenting a system of internal audits aimed at verifying the real and effective application of the company’s policy and directives on gender equality, as well as compliance with the instructions and procedures defined for this purpose, with participation in the audit groups (in which, a labour lawyer or a labour consultant must also be present, provided they have been registered in the relevant professional register for at least 5 years)
  
• Preparation of company policies/regulations, which give evidence of the methods adopted and the initiatives implemented, to highlight the inclusive and balanced management approach practised in the company.

The firm deals, among others, with corporate reorganisations, with the preparation of company procedures, determinations and/or service orders, protocols, Welfare, Disciplinary Codes and the Code of Ethics also forming part of Organisational Models, Level II Agreements and company regulations in the various areas pertaining to Social and Governance issues, Board of Directors Meeting Minutes and related Resolutions, and Information Notes for Company Bodies.

Because remember that obtaining Certification offers companies a competitive advantage in economic terms and an improvement in external image, given the growing awareness of the issue, capable of attracting
investments. For Italian companies, the ‘Certification of Gender Equality’ is not only a compulsory step to access public funds. It can prove useful for attracting talent and investment. And in this way it can foster the development of the entire country. Reducing the gender gap is not only a matter of social justice, but is to all intents and purposes a requirement for Italy’s economic development and innovation.