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Last updated on: December 14th, 2023
Labor Requirements
The basic rights of employees are laid out in the Italian Constitution and the Civil Code. There is no central employment law, but there are a variety of laws addressing various aspects of the employment relationship. As a member of the European Union, Italy has agreed to comply with various labor standards shared by all EU countries. For example, the EU 1993 working time directive requires member countries to guarantee paid annual leave of at least four weeks to every worker. A 2003 legislative decree that includes provisions on work hours and leaves brought Italian law into compliance with the directive. Most Italian employees are covered by collective labor agreements.
Hours & Pay Regulations
Normal Working Hours
The normal working week is 40 hours, and the maximum working week is an average of 48 hours every seven days, including overtime, calculated over a four-month reference period. Collective bargaining agreements (CBAs) can extend this reference period to six or 12 months provided that there are objective, technical or organizational reasons for doing so, and often provide for a shorter normal working week (for example, 37 or 39 hours). Legislative Decree of April 8, 2003, No. 66, Work Time, arts. 3-5.
Italy Implementing EU Directive on Predictable and Transparent Work Condition
Decree No.104 of 2022 (‘the Decree’) on the Implementation of the Directive on transparent and predictable working conditions in the European Union (Directive (EU) 2019/1152) was published in the Official Gazette on 27 June 2022 and shall come into force on 13 August 2022. In particular, Article 1 of the Decree states that its aim is to regulate the right to information in connection to essential elements of the employment relationship.
In addition to the information already existing in an employment contract as per the existing laws, according to the Directive, employers shall now be required to provide employees with training rights, holiday leave duration, the procedure for notice in the case of termination, details of employee’s salary, working time schedule including overtime pay, variability of work schedule, automated decision making on monitoring systems, etc.
Employers are required to provide the above information to the employees either at the time of hiring or within 7 days from the beginning of the employment relationship (with some exceptions which can be provided within one month from the beginning of the employment relationship). The decree also provides that in case of temporary detachment (for example, due to military service), employers are obliged to provide the employees with additional information before they leave e.g. the country, the duration, salary and the currency, any additional benefits, etc.
According to the new decree, if employers fail to comply with the new obligations, employees may raise it with the Labour Authorities and they could face sanctions ranging from 250 EUR to 1,500 EUR for each concerned employee
Overtime
Work done in excess of 40 hours in a week is considered overtime. 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
Night Period: the period of at least 7 consecutive hours including the interval between midnight and five in the morning
Night Worker: who performs during the night period at least:
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- 3 hours of his daily working time used in the normal way.
- 80 working days per year of night work, re-proportioned for part-time work.
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The working hours of night workers cannot exceed eight hours on average in the twenty-four hours, unless collective agreements, including corporate contracts, identify a wider reference period on which to calculate the average above limit. The minimum weekly rest period is not taken into consideration for the calculation of the average when it coincides with the reference period established by the collective agreements. This restriction is specific to the calculation of night hours.
Night work is provided only by suitable personnel; collective labor agreements will establish the requirements of night workers and cases of exclusion. The law does specify any premium/pay/condition, hence it is based on the employment agreement.
Breaks
Employees are entitled to rest periods of at least 10 minutes after working six consecutive hours, of at least 11 consecutive hours in every 24 and 24 consecutive hours every seven days, typically Sunday. Minimum Weekly Rest Period is not added to the calculation of average hours. The special provisions allowing the use of weekly rest on a day other than Sunday, as well as the exceptions provided for by the law of 22 February 1934, n. 370.
The act does not give a defined compensation for work on the Rest day.
Shift Work – In the case of shift workers due to the change in shift, the worker cannot use the daily rest period in combination with the Weekly Rest period. Weekly Rest Period of 24 consecutive hours every seven days, typically Sunday is usually combined with a daily rest period. But in the case of shift workers due to the change in shift and team, the worker cannot use the daily rest period in combination with the Weekly Rest period.
Minors are guaranteed at least two days of rest per week, preferably consecutive and including Sunday. Legislative Decree of April 8, 2003, No. 66, Work Time, arts. 3-5.
Public Holidays
Italy observes the following public holidays, which for employees are generally treated as paid leave:
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- New Year’s Day – January 1
- Epiphany – January 6
- Easter Monday
- Liberation Day – April 25
- Labor Day – May 1
- Republic Day – June 2
- Assumption of Mary – Aug 15
- All Saints’ Day – November 1
- Feast of the Immaculate Conception – Dec. 8
- Christmas Day – December 25
- St. Stephen’s Day – December 26
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Employees receive an additional day’s pay if a public holiday falls on a Sunday or another day that is not usually a workday. Employees who must work on a holiday are paid overtime.
Pay for Work on Holiday
If a Statutory Holiday falls on a workday and if the employee is working on that day then an additional fee equal to 1/6 of your weekly pay for every hour worked. If a Statutory Holiday falls on a Sunday and if the employee is working on that day then he is paid a premium as decided by the CBA.
Holidays which Fall on Non-Working Days
If Holiday falls on a Sunday and it’s a nonworking day a salary bonus is given for having lost a day off. An additional fee of 1/6 of the weekly time must be added to the daily salary If Holiday falls on a Saturday/weekday If it coincides with a compensatory day of rest (for example any day of the week), the worker is not entitled to any additional remuneration.
Each locality also observes an additional holiday to honor its patron saint. Provision on Festive Occasions, No. 260, May 27, 1949.
Annual Leave
Usage of Annual Leave – An employee must use their leave in the following manner :
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- at least two weeks must be enjoyed in the year of maturation, even consecutively, if the employee requests it;
- the other two within 18 months following the end of the vesting year.
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Special Leave
Any holidays and absences that may be due to the employee in another capacity must not be taken at the same time as periods of maternity leave.
Pay: Female employees are entitled to 80% of the regular pay during this period as part of social security
Early or premature birth: In such cases, the leave extends for three months, with any remaining days added. This rule applies even if the total duration, combining the three months after birth and the days between the actual and expected due dates, exceeds the five-month limit.
Notice requirement: the female employee before the start of the said maternity leave must deliver the medical certificate indicating the expected date to the employer and to the social security institution providing the maternity allowance of childbirth. To apply for mandatory maternity leave benefits, the mother needs to fulfill specific conditions, including:
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- Submitting the request at least two months before the anticipated date of childbirth.
- Providing a medical certificate confirming the pregnancy to INPS before the commencement of the maternity leave. This certificate can be issued by a National Health Service doctor or an affiliated healthcare professional and should be transmitted electronically.
- Informing INPS of the child’s date of birth and relevant details within 30 days of the child’s delivery.
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Budget Law for 2019 (Law No. 145/2018).
Eligibility: Fathers who are private and public employees can benefit from compulsory paternity leave, even in the case of adoption and foster care.
The leaves can be taken from 2 months before the expected date of childbirth up to 5 months afterward and it does not have to be continuous. The working father who intends to make use of the respective period of paternity leave shall present to the employer the certification relating to the conditions set out therein.
The father is also entitled to what would have been the mother’s daily break entitlement if the child is raised by the father only, the mother is not employed or the mother dies or becomes gravely ill.
Notice Requirement: The employee is required to communicate to the employer the dates on which he intends to take paternity leave, with 15 days’ notice. Legislative Decree of March 26, 2001, Consolidated Laws on the Protection and Support of Motherhood and Fatherhood, arts. 28, 34 (Italian); Law No. 92 of 2012, art. 24. The bonus provided to employees for enrolling children in the nursery has been increased to EUR 1500 for 2019. Budget Law for 2019 (Law No. 145/2018).
Duration of Sick Leave: An employee is entitled to 3 days of paid sick leave.
Sick Leave Pay: A part of it is borne by the Government («INPS»), as follows:
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- Days 1-3 of sick leave: 100% of the salary borne by the employer;
- Days 4-20 of sick leave: 50% borne by the employer; 50% borne by INPS;
- Days 21-180 of sick leave: 34% borne by the employer; 66% borne by INPS.
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- Notice requirement: The employee must have the certificate of illness issued by the attending physician who will transmit it electronically to INPS. Following the electronic transmission, the employee is exempted from the obligation to send the certificate to their employer who can use the services made available by INPS for viewing or receiving the certificate. If electronic transmission is not possible, the employee must, within two days from the date of issue, present or send the sickness certificate to INPS and the certificate to his employer.
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Medical certificate – In order to be entitled to sickness indemnity, the employee must have the certificate of illness issued by the attending physician who will transmit it electronically to INPS.
Following the electronic transmission, the employee is exempted from the obligation to send the certificate to their employer who can use the services made available by INPS for viewing or receiving the certificate. If electronic transmission is not possible, the employee must, within two days from the date of issue, present or send the sickness certificate to INPS and the certificate to his employer.
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- to the employed mother for a continuous or divided period of a maximum of 6 months;
- to the father who is an employee for a continuous or divided period of a maximum of 6 months, which can become 7 in the event of abstention from work for a continuous or divided period of at least 3 months;
- to the father who is an employee, even during the mother’s period of compulsory leave (starting from the day following the birth) and even if she does not work;
- to the single parent (father or mother) for a continuous or divided period of a maximum of 10 months.
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- Notice Requirements: The parent is required, except in cases of objective impossibility, to notify the employer in advance according to the methods and criteria defined by the CBA and in any case within a period notice of no less than 15 days.
Smart Working – Requests for smart working should have priority for:
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- Mothers, during the 3 years after the end of the mandatory maternity leave;
- Both parents, in case of a child affected by disability.
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Budget Law for 2019 (Law No. 145/2018).
Employees are entitled to 15 days of paid personal leave at the time of their marriage and occasional days off for family responsibilities, including the death of a relative or the sickness of a child.
Workers with at least five years’ seniority at a company are entitled to 11 months of unpaid education leave, either continuous or intermittent, to attend college or other schools. Collective labor agreements generally specify additional education benefits, such as a number of hours of paid education leave.
An employer must preserve the employee’s position during a period of military service plus 30 days after discharge. The employer is not required to pay the employee during this time but must include the period in calculations of seniority.
Employees are required to submit their application at least 6 days before the wedding celebration to their employer. Employees must also furnish valid certification to verify the marriage. In the case of marriages conducted abroad, a legalized translation into Italian is obligatory.
Employees with at least five years’ seniority at a company are entitled to 11 months of unpaid education leave, either continuous or intermittent, to attend college or other schools. Collective labor agreements generally specify additional education benefits, such as a number of hours of paid education leave.
The employer can deny or delay a training leave request for organizational reasons. Collective agreements detail how the leave is used, including the maximum percentage of eligible workers, conditions for postponement or refusal, and notice requirements, which are a minimum of thirty days. Article 5 of Law 8 March 2000, n. 53.
