NATIONAL LABOUR LAW PROFILE: Italy
1. General legal framework
- The Italian Republic came into being in 1946
- The Head of State is the President of the Republic, elected by the Parliament in joint session and he has a 7-year term.
- The Legislative is composed of two chambers, namely the Senato and the Camera
- The government of the Republic is made up of the President of the Council and the ministers,
- All laws must be approved by both Chambers;
- The government of the Republic is made up of the President of the Council and the ministers, who together form the Council of Ministers
- Labour rights in the Constitution
- The Constitution contains statements of principles, which are used more frequently in case law.
- (Ex. Section 1 - Italy is a democratic Republic founded on work; Section 4: the Republic recognizes the right to work for every citizen; Section 35 - the Republic protects work in all its forms and applications)
3. Contracts of employment
A contract of employment can be indefinite or fixed-term. Indefinite and fixed-term contracts have different rights and pays, but in both the suspension of them is possible only for a justified reason 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 Trattamento di Fine Rapporto, is part of salary, set aside every year and kept by the employer.
4. Severance payment
- For the possible termination of the employment relationship, for dismissal or resignation, the employee has the right to receive severance pay from the employer, considered a part of the salary, set aside each year and maintained by the employer.
5. Hours of work
- the hours worked by employees ought not to exceed 8 hours a day or 48 hours a week
- overtime pay is worth about 30 per cent over the basic rate.
- Special pay increases are fixed by collective agreements for overtime worked on Sundays, on other holidays and night work.
- For part-time work, the distribution of the working hours is established by an individually written contract which cannot be changed by the employer
- Student workers are not obliged to work overtime or on Sundays and must be given paid days off work to take exams
