ITALIAN NATIONAL LABOUR PROFILE 

General legal framework

• Italy is a Democratic Republic
• The Constitution was written in 1947 and came into effect in 1948
• The Head of the State is the President of the Republic
• Legislative power is held by the Camera and the Senato
• The country is organized into regions, provinces and municipalities
• Italy’s legal system shall conform to the regulations given by the European Union.

Defence of workers 

The Constitutions defends all workers rights, starting from the right to work to its’ protection in every form and application and claims Italy to be a Democratic Republic founded on labour.

Contracts of employment 

Every contract of work is supposed to be of indefinite duration, if not specified the expiring time and can be based on grounds such as:

• Part-time
• Apprenticeship
• Replacing sick employees
• Extraordinary occasions
• Seasonal works

If employees have to keep working over the expiring date of the contract or are re-hired in short time after it they are given an allowance or receive an indefinite-expiration contract.

Severance payment 

After the dismissal or resignation of an employee, they have right to an allowance called “trattamento di fine rapporto”

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. If they are compelled to work over this number of hours they must be given an extra payment, only in exceptional cases.

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; usually vacation time is chosen by the employee but can be shifted by the employer.

Maternity leave and family protection

Female employees perceive 80% of their monthly salary during the maternity minimum period, and recently approved laws give to fathers the right to a paid leave too.

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.

Employees have also right to special leaves on special occasions of important family meetings, with or without payment. Students have also right to up to 11 months of unpaid leave to take exams.

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 provide their security on the workplace.

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.

Cassa integrazione guadagni

The “Cassa integrazione guadagni” is a state fund aimed to help workers whenever the enterprise they work for cannot afford paying their salaries, in extreme situations beyond their control:

• Market fluctuations
• Lack of work
• Economic crisis

Protection in case of insolvency

In the case where the enterprise must declare bankruptcy, employer’s claims have priority over workers’ in order to protect the society, only if:

• There are assets affected by mortgage
• Assets affected by liens
• The enterprise keeps operating

Employees earn an allowance in case of employer’s insolvency, given by the Wage Guarantee Fund, administered by the National Social Security Institute, which also pays in the case where the bankruptcy is not enforced by a judge.

Trade Union Regulation

The right to join unions and associations is given by the Constitution. There is no law that regulates the association’s recognition, so they are free to organize and bargain to employers even without being officially recognized.

The Worker’s Statute gives workers association right at the workplace, except to military staff and police.

Associations have provincial and regional organs, called vertical organizations, while national unions join in horizontal organizations.

Employers join three federations: industrial, commercial and artisan.