1. Requirements for Foreign Employees to Work There are no specific rules related to the employment of European Union (“EU”) citizens as they can move and work in every EU Country without limitation. On the other hand, limitations are provided by the law with respect to non-EU citizens. Visas and different work permits are necessary […]
Nov
17
2013
Employee Representation in Italy
1. Types of Representations The Workers’ Statute grants to all the employees the right to form or become members of unions as well as the right to perform union-related activities. The work councils (“Rappresentanze Sindacali Aziendali” (RSA) and “Rappresentanze Sindacali Unitarie” (RSU)) may be formed through the initiative of the employees in every plant with […]
Nov
17
2013
Employee Rights When an Undertaking is Transferred in Italy
1. Employee Rights The grounds on which the law permits the transfer of an undertaking must be viewed in the context of the strong protections granted to Italian employees. The seller and the purchaser are jointly liable for all outstanding benefits that employees were owed at the time of the transfer; however, employees may release […]
Nov
17
2013
Employers Associations and Trade Unions in Italy
1. Brief Description of Employees and Employers Organizations In general, employees and employers organizations are structured as private associations governed by articles 36-38 of the Civil Code. In Italy, unions are primarily organized by sector according to the type of business. Employees’ Organizations Unions are either independent or associated with one of the three union […]
Nov
17
2013
Employment Contracts in Italy
1. Minimum Requirements European Union Directive No. 533/91 has been implemented in Italy and requires that information on the main terms and conditions of employment relationships be evidenced in writing in the employment contract and provided to the employee within 30 days of hiring. 2. Fixed-term/Open-ended Contracts An employment contract normally has an unlimited duration. […]
Nov
17
2013
Social Security in Italy
1. Legal Framework In Italy, pensions are operated by INPS and are fed by salary-based contributions paid by both the employer and the employee. 2. Contributions Receipt of pension benefits is contingent upon payment of the social security contributions provided for by the law. In certain specific cases provided for by law, in order to […]
Nov
17
2013
Termination of Employment Contracts in Italy
1. Grounds for Termination (List) Under Italian law, any termination of employment must be justified. The reasons to terminate an employment contract can be divided in three main categories: (i) Objective justified reasons; (ii) Subjective justified reasons; and (iii) Just cause (“giusta causa”). 2. Collective Dismissals Under Italian law, a collective dismissal occurs when at […]
Nov
17
2013
Working Conditions in Italy
1. Minimum Working Conditions In Italy, the most important provisions included in an employment contract are provided by the law and by the applicable collective agreement. In particular, collective agreements set the terms and conditions of employment, amongst which are: categories and related job descriptions; duties and obligations; minimum wages; job retention rights during absences […]