ITALIAN NATIONAL LABOUR PROFILE

Italy, as it is written in the Italian Constitution, is a Democratic Republic, and its legal system shall conform to the guide lines given by the European Parliament, which can directly apply its acts and regulations to the national system of laws, proposed by the bicameral system approved by the Head of the State.  

Respect of the laws must be provided by the Judiciary System, organized into a pyramidal hierarchy, and which should also defend people’s rights, starting from the right to work, as the Constitution says Italy to be a “Democratic Republic founded on labour”. 

Contracts of employment

The existence of fixed-term contracts is permitted in special circumstances, such as seasonal works, apprenticeships, temporary replacement of indisposed employees or domestic works, as most of the time contracts of employment are considered to have an indefinite duration. Employees can only be dismissed in particular cases: indefinite contracts can only be terminated by “just cause” or justified reasons, while fixed-term contracts usually terminate after the end of the expiring date, and in some cases can become an indefinite term contract.  

Employers are not allowed to terminate contracts on social grounds and must give an allowance to employees who are not able to work for illnesses, maternity or work accidents, covering at least 2/3 of the worker salary. 

Severance payment 

Employees are supposed to receive an extra allowance which goes up to a 7.5% of every year of work salary that was set apart, and it is considered to be as a part of the salary; this extra payment il called trattamento di fine rapporto. This allowance must be given to the employee on every circumstance, whether the employer terminated the work contract or the worker presented a resignation. 

Hours of work 

The number of hours an employee must face every week is usually settled by the employer, who ought to follow the rules imposed by the Constitution, which sets as 40 hours the maximum amount of time an employee is supposed to work every week. However, workers are also allowed to work extra hours, which must be took into consideration by the employer and are paid up to 30% of the monthly wage the worker perceives. 

Part-time workers’ work schedule cannot be changed, once set, if not without the consent of the employee and an increase of the perceived wage; while student workers are not supposed to work extra time and must be paid the days off used to take exams. 

Paid leave 

Every employee is meant to receive at least four weeks of paid leave, in agreement with the employer, in addition to the national festivities and others recognized by the government. During vacations, employees must receive their normal salary, and if they are compelled to work over holydays, the employer must pay them double salary and a furthermore increase. Even if vacation time is usually chosen by the employee, the employer can also change the date in special cases.