Milan Court refers exclusion of domestic workers from maternity bonus to Constitutional Court

The Milan Labor Court has referred the exclusion of domestic workers, such as cleaners and caregivers, from the ‘bonus mamme’ (maternity bonus) to the Italian Constitutional Court. Judge Eleonora Palmisani issued the ordinance following a legal challenge against the National Social Security Institute (Inps) brought by a worker and several labor organizations, including Asgi, Apn, and Cgil Lombardia.

The court ruled that the exclusion, established by Decree Law 95/2025 and Law 199/2025, may violate Articles 3 and 31 of the Italian Constitution, which guarantee equality and the protection of motherhood. The judge noted that since the bonus is now a direct fixed contribution funded by general taxation rather than a social security relief, there is no clear justification for excluding a category of workers who share the same familial and parental needs as those receiving the benefit.

While the previous 2024 version of the bonus was a contribution relief—which might have justified the exclusion due to the specific way domestic workers' contributions are managed—the current direct payment format makes the distinction appear unreasonable and lacking a connection to the measure's intended purpose.