On 4 June 2025, the new Collective Economic Agreement (AEC) for the trade sector, which will come into force from 1 July 2025. If the agency contract provides for the application of the AEC commerce, the collective changes will apply automatically from 1 July 2025 and it is not mandatory to immediately modify the individual agency contracts already in place between the principal and the agents. However, it is recommended to adapt the contracts to integrate the new provisions and clarify the relationships.
Below, with reference to the articles and contractual institutions, the main innovations introduced by AEC 2025 compared to the previous Agreement of 16 February 2009 are illustrated:
1. Commissions on online sales (Art. 6 and 7)
- Novelty: For the first time, the agent's right to commission is explicitly recognized even on sales made via e-commerce in his/her area of expertise, overcoming the interpretative uncertainties of the past.
- Compared to 2009: The AEC 2009 did not provide any specific rules on online sales, which led to frequent disputes.
2. Strengthened protection of the exclusive area (Art. 3 and 5)
- Novelty: The concept of territorial exclusivity has been reaffirmed and strengthened, also taking into account the new digital and multi-channel dynamics. The obligation for the principal to provide the agent with all the data on the results obtained in the entrusted area has been introduced.
- Compared to 2009: The protection of the area was less detailed and did not take into account indirect sales through digital channels.
3. Severance pay and FIRR (Art. 15 and Tables)
- Novelty: The methods of calculating severance pay have been revised to make them fairer. The FIRR (Employee Termination Benefit Fund) mechanism, which remained unchanged at 1989 values, has been updated with new calculation criteria.
- Compared to 2009: The system was outdated and less favorable to agents.
4. Indemnity for partnerships (Art. 15-bis)
- Novelty: For the first time, the right to severance pay has been recognized also for partnerships in case of retirement or disability of the partner.
- Compared to 2009: Partnerships were excluded from such protections.
5. Fixed-term contracts and youth protection (Art. 2)
- Novelty: Introduced a limitation on the use of fixed-term contracts to promote the stability of relationships and the protection of young agents.
- Compared to 2009: There were no specific restrictions.
6. Protections for illness, maternity and paternity (Art. 12 and 13)
- Novelty: Strengthened guarantees for agents in case of illness, maternity and paternity. In particular, for paternity, the father agent has the right to abstain from the activity for up to 20 days in the first 5 months from the birth or adoption of the child, with suspension of the contract and prohibition of termination by the principal.
- Compared to 2009: The protections were more limited and did not specify these details.
7. Contractual and area variations (Art. 5 and 8)
- Novelty: The rules for changes in area, commissions, products and customers have been modified, bringing them into line with those already provided for in the AEC Industry. The agent's protection against unilateral changes by the principal has been strengthened, as the principal must now communicate all information useful for carrying out the mandate.
- Compared to 2009: The discipline was more generic and left greater room for discretion to the principal.
8. Advance payments and transparency (Art. 7)
- Novelty: Improved provisions on commission advances and strengthened the agent's right to receive transparent and detailed information on accrued commissions and sales in their area.
9. Non-competition agreement (Art. 17)
- Novelty: It is clarified that the compensation for the non-competition agreement is complementary to the severance pay and cannot be absorbed by it.
- Compared to 2009: The discipline was less clear and left room for interpretation.
10. Dispute management (Art. 23)
- Novelty: The legislation on dispute management has been updated, providing for the intervention of special trade union commissions and territorial joint commissions for the conciliation of disputes, especially in the area of severance pay.
- Compared to 2009: The procedures were less structured and less protective for the agent.
Summary table of the main new features
| Theme | AEC 2009 | AEC 2025 |
| Online sales | Not disciplined | Explicit commissions also on e-commerce |
| Area exclusive | Generic | Strengthened, also for digital sales |
| Partnership allowance | Not recognized | Recognized in case of retirement/disability |
| FIRR/Severance Pay | Obsolete calculation | Updated and fairer calculation |
| Fixed-term contracts | No restrictions | Restrictions for youth protection |
| Illness, maternity, paternity | Minimum safeguards | Strengthened, with specific paternity leave |
| Contractual/area changes | Wider mandating power | Greater protections for agents |
| Commission transparency | General information | Strengthened transparency obligation |
| Non-competition agreement | Absorbable by allowances | Complementary nature, non-absorbable |
| Dispute Management | Less structured procedure | Trade union and joint commissions |
For a more detailed article-by-article analysis, it will be necessary to consult the full text of AEC 2025, which has not yet been published by the trade associations.
Content by Attorney Luca Tiberi.
