Employment Laws In Italy

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1. Terms and Conditions of Employment. 1.1 What are the main sources of employment law? The main sources of Italian employment law are: European Union Law;
2. Employee Representation and Industrial Relations. 2.1 What are the rules relating to trade union recognition? The general rule is given by the freedom of Trade Union organisation, which is typically set forth under Article 39 of the Italian Constitution.
3. Discrimination. 3.1 Are employees protected against discrimination? If so, on what grounds is discrimination prohibited? The system of anti-discrimination rules regards all the phases of the employment relationship (i.e., its execution, its performance and its termination) and covers, inter alia, the following areas
4. Maternity and Family Leave Rights. 4.1 How long does maternity leave last? There are two main periods: “compulsory” maternity leave, which generally lasts from (i) the beginning of the second month preceding the probable date of confinement, to (ii) the end of the third month after such date; and.
5. Business Sales. 5.1 On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? In a “share sale” event (which does not imply any change of the relevant employer company), the concerned employment relationships are not affected at all by the transaction between the seller and the buyer.
6. Termination of Employment. 6.1 Do employees have to be given notice of termination of their employment? How is the notice period determined? In an open-ended employment relationship, employers can serve dismissal by (i) giving a notice period, whose length is set forth by the applicable collective agreement, or (ii) paying an indemnity in lieu of the relevant notice period.
7. Protecting Business Interests Following Termination. 7.1 What types of restrictive covenants are recognised? The most common restrictive covenants are the following
8. Data Protection and Employee Privacy. 8.1 How do employee data protection rights affect the employment relationship? Can an employer transfer employee data freely to other countries?
9. Court Practice and Procedure. 9.1 Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition? Our system of justice is subdivided into the following levels, each of which has the following composition
10. Response to COVID-19. 10.1 Are there any temporary special measures in place to support employees and businesses during the COVID-19 emergency? During the COVID-19 emergency, the employees are entitled to receive the salary support scheme for COVID-19’s reasons, in the events of suspension or reduction of the working activity.

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Aa recent law - Act 374 of 1991 - has established that lower cases are ruled in first instance by a non professional judge, called “giudice di pace”. For jurisdiction on labour issues see number 16, settlement of labour disputes. Labour rights in the Constitution

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Wage and Hour Law There is no national set minimum wage for employees in Italy. Each employee's hourly wage or annual salary is set forth in the employee's employment contract or collective bargaining agreement.

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Italian employment laws have always been employee-friendly, reflectingthe principles of the Italian Constitution.However, the global economic downturn has forced Italian lawmakers to look at ways to enhance flexibilitywithin the Italian job market. The most recent Italian reform on labour law, the so called Jobs Act, has granted more flexibilityto the employers through i) a …

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1. General labour market and economy trends. The last statistic published on December 2020 by the Italian National Institute of Statistics (“ISTAT”) and the main supplier of official statistical information in Italy, revealed that, in the labour market
2. “Ordinary” and “emergency” agile working. Agile working (or remote working) is a way of performing the employment relationship, characterised by the absence of hourly or spatial limitations, established by an agreement between the employer and the employee; it is a modality of work that helps the employee to balance their work and lifestyle and, at the same time, encourages the growth of his/her productivity.
3. The right to disconnect. On January 21, 2021, the European Parliament approved by a large majority a long and articulate resolution encouraging the Commission to present a proposal for a directive guaranteeing workers the right to disconnection, defined as a “fundamental right that is an integral part of the new working patterns of the new digital era”.
4. Lay-off procedures. The Italian labour law system provides for special public funds aimed at protecting employees’ income and to relieve employers from personnel costs, when specific events or conditions requesting a suspension of work or a short-time working occur.
5. Self-employment contract and digital workers. Generally speaking, the self-employment contract is regulated by Article 2222 of the Italian Civil Code, according to which self-employment relationship applies when a person performs a work or a service mainly on his/her own and without any form of subordination to the employer.
6. Protection against unfair dismissals. Under Italian labour law, any dismissed employee who deems his/her termination not to have proper grounds is entitled to bring an action before the Labour Court in order to challenge it.
7. Consequences for the employer in case of unfair dismissal. In the event of void, oral and discriminatory termination, the employer would have to perform the following
8. Collective dismissal. As well as for individual dismissal, by means of the Jobs Act reform, reinstatement is also no longer a remedy for unlawful collective dismissal – except for collective dismissal served in oral form – and the employer is subject to pay an economic indemnity only.
9. Special regulation on dismissals due to the COVID-19 emergency. Several special law provisions have been enacted due to the COVID-19 emergency, aimed at postponing the unemployment emergency which would be otherwise entailed such a large-scale economic crisis caused by such emergency.

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FREE CASE EVALUATION. Employment Law in Italy. Employment Law in Italy Updated on Monday 18th April 2016 . Rate this article . based on 2 reviews. Every local or foreign citizen working legally in Italy must sign an employment contract, in accordance with the provisions of the Italian employment law. The employment contract, which has to be signed by both the …

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1. Q. Is it mandatory for an employer establish a relevant body and register at public bodies before hiring employees? A. Yes, it is. Q. Who wants to hire employees in Italy must establish a relevant body (legal entity, like an «S.r.l.» or, at least, a branch; a rep-office is not enough). A. After the employer has been established it must be registered at the relevant payroll public bodies. Q. How long does it take to register a new company with the Payroll bodies? A. 1-4 working days. Q. Is the
2. Q. What kind of CBAs are applicable? A. The most important is the national CBA. Often there are also regional or local CBAs regulating some aspects. Q. Is the application of a CBA mandatory? A. No. The company is free to choose whether applying a CBA or not. If applied, the CBA prevail over the law in favour of the employees. Q. Is the application of a CBA advisable? A. It depends on the specific situations. On a general basis, the application of a CBA is advisable: 1. if the Company business
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It differs from the rules adopted following the extensive reform of employment and labour laws in Italy in 2014 and 2015, which established that fixed term contracts do not have to stipulate any reason to justify their duration, as long as it is less than the maximum limit set by law. Lastly, the Decree provides a new limit on the extensions of the fixed term contract (maximum four …

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In Italy employment law is defined as the “law of the employees”, meaning that the majority of labour laws aim to provide rights and protection for employees in order to create a balance between the higher (financial) power of the employer and that of the worker. Background. Precedence is given to statutory law, which is followed by the Collective Bargaining …

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Italian law does not provide for a statutory minimum wage but in the appropriate NCA minimum wages for each contractual level are normally established for each sector. A minimum wage is being introduced for those workers not belonging to a NCA but these represent less than 3% of the total workforce.

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Download or read book entitled Labour and Employment Compliance in Italy written by Angelo Zambelli and published by Kluwer Law International B.V. online. This book was released on 26 September 2018 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed attention to compliance with labour and employment laws is crucial …

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In Italy employment law is defined as the “law of the employees”, meaning that the majority of labour laws aim to provide rights and protection for employees in order to create a balance between

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The parties can choose the law that governs the employment contract ( Article 6, Rome Convention on the law applicable to contractual obligations (1980/934/EEC) and Article 8, Regulation (EC) No. 593/2008 on contractual obligations (Contractual Obligations Regulation)).

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The lowest statutory tariffs are 10% and can be raised by collective bargaining. If not specified otherwise, overtime cannot exceed eight hours weekly or 250 hours per year. Violations can result in the levy of administrative fines. Legislative Decree of April 8, 2003, No. 66, Work Time, art. 5. Night Work Definition

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Laws and Courts in Italy. Italy - Visas & Permits. Italy. Visas & Permits. Guide; Forums; Articles; Italian law is based on Roman law, particularly its civil law, and on French Napoleonic law (itself based on the Roman model). The codes of the Kingdom of Sardinia in civil and penal affairs were extended to the whole of Italy when Italy was unified in the mid-19th century. The revised …

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Decree-Law 66/2003, which gives effect to the EU Working Time Directive in Italy, contains many restrictions on working hours. The standard number of working hours per week is 40. An employee who

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Employment in Italy Author: Basil Podell Read related entries on Uncategorised, Employees' magazines-newsletters-etc , England , Incomes Data Services , Italy , Journal , KKH1261.2 , Labor laws and legislation , Labor market , Law of Europe , Law of …

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Frequently Asked Questions

What are the employment and labour laws in italy?

The Civil Code: Employment and labour matters are regulated under Section III (“On the employment relationship”), articles 2094-2134. 3. Laws enacted by Parliament: Italy has extensive employment and labour legislation

Is it legal to work in italy as a foreigner?

Employment Law in Italy. Every local or foreign citizen working legally in Italy must sign an employment contract, in accordance with the provisions of the Italian employment law.

Do employment contracts have to be in writing in italy?

Under Italian law, employment contracts do not generally have to be drawn up in any particular way; however, although they can be communicated orally, most contracts are set out in writing.

What is the legal definition of wages in italy?

There is no statutory definition in Italian law of “wages” and “salary”. Any compensation granted to the employee, within the scope of the employment relationship, including compensation in kind, is considered wages (this does not include a few limited exceptions, such as expenses reimbursement) for income tax and social security purposes.

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