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Corte Cost. 31.10.2025 n. 159, pres. Amoroso, rel. Navaretta, red. Antonini.
| | | |Working mothers – Art. 1, paras. 180 and 181, Law 21/2023 – exemption from employee social-security contributions – exclusion of fixed-term female employees – temporary nature of the exclusion – relevance – permanent exclusion of domestic workers – special nature of domestic employment – issues of constitutional illegitimacy – inadmissibility.
Although the provision set out in Art. 1, paras. 180 and 181 of Law No. 21 of 30 December 2023 – insofar as it grants an exemption from the employee’s share of social-security contributions only to working mothers employed under open-ended contracts, thereby excluding those employed under fixed-term contracts – displays several critical aspects, the related question of constitutionality must nevertheless be deemed inadmissible, given the wide discretion that must be afforded to the legislature in the context of an experimental, transitional framework subject to gradual adjustments. As for the permanent exclusion of domestic workers, that question is likewise inadmissible in light of the special nature of domestic employment relationships.