Italian Law explicitly provides that the salary paid to employees must be stated in a pay slip (produced by the employer or by a third party on the employer’s behalf) specifying the period of service which the salary refers to, the amount and the value of any overtime, together with all the elements that constitute the amount paid as well as all withholdings made in accordance with Italian law. Moreover, Italian law provides for an annual 13th payment, paid once a year on the occasion of the Christmas holidays that usually corresponds to one month’s remuneration. In addition, NCBA or even individual contracts may provide for the payment on the 14th payment, usually paid in July.
Maximum Working Week
The average weekly working time cannot exceed 48 hours, inclusive of overtime and must be calculated over a period of 4 months; however, the applicable NCBA can extend that term for objective, technical or organisational reasons.
The needs of a particular company may, in exceptional circumstances or on an occasional basis, require employees to work beyond their “usual working hours.” In the absence of any provisions of the collective agreement, overtime is only permitted subject to the agreement between the employer and the employee and for a period not exceeding 250 hours per annum. Finally, the law provides that overtime is calculated separately and paid by way of an increase in salary pursuant to the NCBA, which may in any case permit that overtime be compensated with time off in addition or as an alternative to the salary increases that may be due.
Employer’s Obligation to Provide a Healthy and Safe Workplace
The main provisions relating to health and safety in the workplace are based on the following general principles of prevention, including:
- elimination or reduction of risks at the source;
- updating safety measures in relation to the technological evolution;
- safety of psychological and physical health of workers;
- attention to the health conditions and skills of workers for the purpose of job assignment; and
- surveillance of workers to monitor their adherence to safety measures and use of personal and communal protective gear provided by the employer.
In addition to these general principles, there are some specific duties that the employer must fulfill: i) evaluation of risks; ii) identification of protective and preventative measures; and iii) preparation of the plan for the improvement of safety at the workplace.
Any employee’s breach of the safety and health obligations could result in disciplinary sanctions.