What are the types of employment contract recognized in Italy?
What is a minimum and maximum term for which fixed-term employment contract can be concluded?
Labour relations are governed by the Employees’ Statute (Statuto dei lavoratori l. n. 300/1970), national collective bargaining agreements (contratti collettivi nazionali), and national laws.
Types of Employment contract:
- Permanent contract – for an indefinite period of time
- Fixed term contract – can last uo to 36 months
- Part-time contract – must specify the hours
- Apprenticeship (apprendistato)
- on-call contract (lavoro a chiamata o intermittente)
How can a contract of employment be terminated?
An employee can be dismissed:
- under art. 2118 of the italian civil code – dismissal in case of permanent contract: ”Each of the contracting parties may withdraw from an open-ended employment contract, providing notice according to the terms and methods established by corporative regulations, accepted practice or equity”.
- under art 2119 c.c. – dismissal for just cause
- dismissal for justified reason: subjective and objective
What are the applicable notice periods? What determines the length of the notice period?
There is an obligation to give a notice period in case of dismissal (or resignation). In case the notice period is not given the employee has a right to receive compensation equal to the days of the notice period.
The length depends (8-15-30 days) on the type of contract and on how many years the employee has worked for the same employer.
Is it possible to employ employees in the form of teleworking? Are there any particular regulations for employing teleworkers (differentiating from other regulations)?
Telework has been introduced in private companies though individual agreements. They are usually reserved to high- medium skill level employees.
Telework is regulated in the public sector under Law n. 1919/1998
What are the rights granted for women after becoming pregnant during the employment contract?
Are they protected from being dismissed, even if they are employed for a short period of time?
– Maternity leave (congedo di maternità): 2 months prior to the birth and 3 months after the date of birth.
This is prolonged in case of premature delivery, or suspended in case of hospital stay
– Paternity leave (congedo di paternità): 5 days within 5 months of the birth
During maternity leave and for the first year of the child the employee can not be dismissed.
What types of paid days-off are the employees entitled to? (e.g. vacation, sick time, additional special leave)
Employees are entitled to:
- leaves (2 weeks every year)
- sick leave
- maternity leave
Is it possible to include a non-competition clause in the employment contract and what are the premises for concluding a valid non-competition agreement? Is the employer obliged to pay compensation for the period of validity of non-competition clause/agreement after the termination of employment?
Under art 2125 of the Italian Civil Code non competitive written agreements are allowed as long as the employee is granted adeguate compensation, it is limited (type of business and territory) and the duration of the agreement does not exceed three years (5 years for executives)
What happens to employees in Italy after the employer is going bankrupt? Are the employees entitled to get a severance pay?
In case of bankruptcy of the company the employment relationship is immediately suspended but it does not cease definitively.
The authorised liquidator will decide to terminate or not the contract.
Are there any courts specially appointed for the purpose of dealing with labour law matters in Italy?
Competent to deal with labour law matters is the labour courts. It is a specialized section of the ordinary court.
In the event that the employee is a debtor in the enforcement proceedings, to what extend it is possible for bailiff to seize the employee’s remuneration?
The creditor can not seize more than one fifth of the salary of the employee.