ITALIAN NATIONAL LABOUR PROFILE 

General legal framework

Italy is a Democratic Republic, organized into regions, provinces and municipalities. The Head of the State is the President of the Republic, elected every 7 years and holds the executive power. The legislative power is held by a bicameral system and consists of the Senato and the Camera dei Deputati, which, working together, must propose new laws. The Judiciary system is a professional and pyramidal body, where judges are appointed after a competitive national exam.

Italy’s legal system must conform to the principles of international law and regulations can be directly applied in the system by the European Union.

Defence of workers 

As it is written in the Constitution, Italy is a Democratic Republic founded on work, for this reason it presents many laws meant to protect employees and employer rights, starting from the right to work, protection of work in every form and application, the regulation of payments and hours of work, paid vacation, social insurances to the right to strike.  

Contracts of employment 

Every contract of work is supposed to be of indefinite duration, if not specified the expiring time: a fixed-term contract is based on grounds such as apprenticeships, part-time, domestic works and management. If the expiring date is not respected, employees are given an extra allowance based on the further time they are asked to work.  

An indefinite time working contract can only be terminated by the employer on “justified reasons” or just cause but can be put to an end by the employee by giving the dismissal with a certain anticipation. Employees may not be fired on social grounds, such as ethnicity, sex, political opinions or religion and the employer is not allowed to terminate an indefinite term contract while the worker is dismissed (injured, in maternity leave, ill …). Unjustified dismissal can always be reported by employees. 

Severance payment 

“trattamento di fine rapporto” is an allowance given by the employer to the workers after the expire of the contract, which ca be caused by the dismissal on just causes or employee’s resignation and is perceived as a part of the salary: it consists of a payment which corresponds to a 7,5% of the monthly salary of every year of service. Every worker has the right to receive this allowance at the end of their contract or their career.

Hours of Work

The limit number of hours an employee can work every week is regulated in the Constitution, which sets at 40 hours this limit.

The number of hours each employee works every week is set by the employer, in respect of the regulations give by the constitution and can be changed, in accord with the worker. Part-time employers are not allowed to change the number of hours worked by the employees if not without employee’s approval and a increase in the salary.

However, workers may have to face extra working time, due to exceptional reasons which may not be solved by the hiring of new workers; these hours must be payed by the employer with an addition to the not less than the 30% of the monthly salary.

Paid leave

Every worker has right to at least one day of rest every week, which can be shifted on special occasions if compensated, other than 4 national holidays and others, where employees get paid with their usual salary.

If workers are asked to work during vacation time, they shall be paid with double salary over an addition up to 50% of their regular wages.

Commonly, workers have right to at least 4 weeks of paid leave, except for domestic workers, who only get 8 days, and this amount of time can be changed on the ground of seniority. The time of the vacation is chosen by the employee but can be shifted by the employer if it incompatible with enterprise’s requirements.

Maternity leave and family protection

Female employees perceive 80% of their monthly salary during the maternity minimum period, between two months before the birth of the child (which can also be postponed to increase the leave) and one year after it, and cannot be dismissed, if not for a just cause.

Recently approved laws are giving fathers the right to a paid leave to look after the child with the mother for three months after the birth of the child.

In case of adoption, both parents have right to a 10-months period of paid leave after the actual introduction of the child into the family.

Other leaves

Workers have right to a fully paid leave in case of sickness, consequently to a suspension of the contract, reached through collective bargains, also based on the ground of the employee’s seniority.

Students and people involved into studies with at least 5 years of seniority, can request up to 11 months of unpaid leave to attend classes and take exams and are entitled to an amount of paid time up to 150 hours (or 250 for workers who aim to obtain a basic level of education).

Workers have also right to special leaves on special occasions of important family meetings, with or without payment.

Young workers

The minimum age a person may start working is 15 years: minors’ wealth on working places is ruled by articles recently introduced, which limit the amount of working hours, prohibits night shifts and sets periodical medical inspections, conforming to the regulations given by the International Labour Organization (especially in the fight against minor exploitation).

Equality

As it is written in Art.3 of the Constitution, all the citizens are equal before the law without discrimination without race, sex, religion, language, personal or social position.

For this reason, dismissals based on discriminatory grounds are severely prohibited and null, as well as discrimination against people with handicaps, AIDS or discriminated by their age; also the Constitutional Court has extended the right to equality on workplaces to foreign citizens of the European Union as well.