NATIONAL LABOUR LAW PROFILE - Italy

20 November 2020

• General legal framework

Italy became a republic in 1946 as a result of a referendum.

The Constitution forced in 1948; in summary, it establishes that:

• The Country is arranged into Regions (5 of them have special statues), Provinces and Municipalities.

• The Head of the State is the President of the Republic, elected by the Parliament.

• The Parliament, which consists of two chambers (Camera and Senato), has the legislative functions, and gives the confidence to the Council of Ministers .

• Each low must be approved by the whole Parliament

• The Judiciary takes care of judging people in Italy

• Considering labour rights, the Constitution contains most principles about work (see Sects. 1, 35, 36, 37, 38, 39, 40).

• Contracts of employment

A contract of employment can be indefinite (most of the time) or fixed-term (in special cases, such as seasonal work, sick or maternity leave). Indefinite and fixed-term contracts have different rights and pays, but in both the suspension of them is possible only for a justified reason (so not for political opinion, sex, race, language, religion, … ).

A worker have differents treatment according to the size of the firm for unjustified dismissals; in any case, he must receive the so-called TFR (Trattamento di Fine Rapporto), that is part of salary, set aside every year and kept by the employer, which can also be paid for reasons as child care, health care, purchase of a residence.

• Hours of work

In an aged act, it is written that an employee cannot work more than 8 hours a day and 48 a week; however, hours in excess of 40 per week are now considered as overtime and have special pay.

An employer, with the prior consent of the worker can change a full-time contract in a part-time one, with hourly wage increased.

Moreover, students must be given paid days off work to take exams