General legal framework

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

The Constitution came into be  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. Camera has the legislative power, so it writes the laws, while the Senato has the executive power, so it puts in act the laws.

• Each law 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).

Many articles regulate/deal with/applied to work and labour rights. Labour right

• 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 has different treatment according to the size of the firm for unjustified dismissals.

If an employee is hired, he must receive the so-called TFR (Trattamento di Fine Rapporto), that is a part of his salary, set aside every year and kept by the employer.

TFR can also be partially paid for reasons such as child care, health care or for the purchase of a house.

 

• Hours of work

In terms of 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 (at least 30% more than the basic hourly pay).

An employer, with the prior consent of the worker can change a full-time contract to a part-time one, with less hours of work but with the hourly wage increased.

 

• Paid leave

All workers have the right to rest one day a week and on four national holidays; if workers have to work these days they receive a higher pay.

Moreover, workers have an at least eight-days paid leave, with normal pay.

 

• Maternity leave

From the beginning of pregnancy to one year after the child’s birth women can not be dismissed; from two months before and three months after maternity female workers don’t have to work.

Also fathers can have a paternity leave for many reasons.

 

• Sick and educational leave

If an employer is sick and can not work, his contract is suspended and the worker is fully paid.

Paid days off work must be given to students who work, to take their exams, for at least 150 hours a year.

 

• Minimum age for working

An act established the minimum age at which a person may be employed at the end of compulsory schooling, which is 15 years of age.

Minor must do medical certificates for having the possibility to work; have a less hour-per-week contract and the prohibition of night work.

 

• Equality

The Constitution ensure that any discrimination for sex, race, language, religion, political views, personal and social position is capable of legal action and many acts about work rights underlined it.

 

• Pay issues

In Italy there isn’t a minimum wage; most workers are covered by agreements; however, judges may establish minimum wages.

 

• Cassa Integrazione Guadagni

The C.I.G. is  a state fund established in 1954 which helps workers who work for an enterprise in difficulty. In particular it helps industrial, commercial, of small building-enterprises. It also works in case of natural diseases or general crisis.

It mostly works in case of temporary or definitive reduction of the activity and pays up to the 80% of the normal wage of an employer.

This benefit can be paid for up to 13  weeks, with possible renewal for up to 12 months.

 

• Worker’s protection in case of insolvency

If an enterprise insolves, the employer has to solve the workers’ claims before the employer’s estate; however, he first has to pay creditors.

Act 80 of 1992 improved protection of workers in case of insolvencies; it established a Wage Guarantee Fund which pays some kind of workers’ claims. The payment is limited to three times the ceiling of CIG (which is about € 1335).

 

• Trade union regulation

The Italian Constitution recognises the right of citizens to associate freely and to join associations or unions. 

It is also established that only the registered ones can  obtain legal status; however a bill regulating the registration of unions has never been adopted. Therefore, in Italy unions do not need any recognition.

Also public employees have the same right, except for military forces (not the Italian Police)

The most common pattern of workers’ unions has local, provincial, regional and national organs (vertical organization). The national unions join together in trade union  federations (horizontal organization).

There are three employers’ federations: industrial,  commercial and artisan. 

Unions are usually financed by workers’ dues.

 

• Protection against anti-union practices

An act written in 1970 deals with the possibility for the employees to open a case law if an employer limits the exercise of freedom of association, dismisses workers on strike, hires workers to replace the ones who strike, and so on.

 

• Collective bargaining and agreements

Unions can negotiate collective agreements, named economic accords, that cover most of the categories of workers. The agreements can rule every aspect of the employer-employee relationship, but must follow laws.

The sign of an agreement about a category is not compulsory for all the employers of that category.

 

• Worker’s representation in the enterprise

Sector 19 of the Workers’ Statute ensures that workers can choose representatives, which have special rights, such as the right to call meetings and referendums of workers, or the right to obtain a representative’s room.

Only public employers have different systems of representation, even if there are the same rights.

 

• Strikes and lock-outs

Striking is a right recognised by the Italian Constitution, and is not very ruled.

However, the party that strikes must give the notice of the strike and its duration at least 10 days before; strike is allowed for public essential services like life, health, freedom, safety,...

Only military forces and policemen can not strike, while other categories have some limits (seamen cannot strike during navigation).

A lock-out is permitted if, due to a strike by the workers, an enterprise is unable to continue production.

 

• Settlement of labour disputes

Usually, labour disputes follow the Judiciary’s path (with the three instances).

For collective agreements’ disputes, there is the possibility to directly ask for a Supreme Court’s judgment.