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Employment contracts in Italy

The main types of employment in Italy distinguish themselves according to their typology, duration and obligations.

Employment relationships in Italy are classified as follows:

1. Subordinate employment contracts, characterized by a “subordination” of the employee, who commits himself to work under the direction of another person in return for compensation, in detail:

⦁ Employment contracts;

Fixed-term employment contracts, which cannot last more than 24 months (Legislative Decree No. 81/2015), contract deadline is not effective if not put down in writing;

⦁ Part-time work;

⦁ Apprenticeship;

⦁ Intermittent employment contracts (Legislative Decree no. 81/2015);

⦁ Agency work contracts (Legislative Decree no. 81/2015);

2. Para-subordinate work, whose characteristics are in between subordinate work and self employment; this type of collaboration is continuing over time, coordinated with the employer's organizational structure, but without any subordination commitment, in detail:

⦁ Coordinated and ongoing collaboration (Legislative Decree No. 81/2015);

Self employment, that is when an individual commits oneself to carry out an independent activity and works for a client in return for compensation (i.e. Partita Iva/VAT Identification Number);

⦁ Traineeships and internships;
⦁ Enlistment contracts;
⦁ Contract for occasional work, it is used for occasional work projects and must respect an yearly income limit of 5000 Euro by Law.

Employment contracts in Italy: employee benefits in Italy 

When talking of employment contracts in Italy we necessarily need to mention employee benefits in Italy, and these may be listed as follows:

Subordinate employment: the employee's salary must be proportional to the quantity and quality of undertaken work and sufficient to ensure the employee and his/her family a free and decent life; working hours (max 40 hours per week); weekly rest; leave and holidays; marriage and maternity/paternity leave; right to education; illness and accidents on the workplace/occupational illnesses; health and safety at work; trade union activity; strike; military service and gender equality;

Co-operation contracts characterized by:
⦁ autonomy of the worker, who is entitled to decide timing and modalities of service execution, even if also authorized to use the client's means;
⦁ continuity, that is the obligation permanence which binds the two parties.
For fiscal purposes, incomes received by self-employed workers are comparable to salaried workers, even for contributory pension purposes.

Full-time and part-time employment contracts: working hours generally limited to 40 hours per week for full-time contracts, while for part-time contracts reduction of working hours might be on day basis (everyday but reduced hours compared to normal full time), or on week basis (full time but only certain days of the week, or month or year), or mixed (the previous two types of part-time contracts are mixed).

Part-time contract workers are entitled to the same benefits of full-time contract workers, even in terms of remuneration.

If both parties agree, a full-time contract may turn into a part-time contract, besides, in case the worker disagrees, such a disagreement cannot serve as grounds for firing.

Employment contracts in Italy: Health and safety at work in Italy 

The regulation that governs the right to health and safety at work in Italy is part of the Legislative Decree No. 81 dated April 9th, 2008 and subsequent amendments and additions.

In terms of health and safety at work, the relevant measures may be summarized as follows:

⦁ right to abstain from work in case of serious and foreseeable risks; right to move away from the workplace or dangerous areas, without be subjected to assumptions and consequences;
⦁ right to take measures to prevent consequences of a serious and foreseeable danger, when an immediate superior or a company suitable contact person cannot be contacted, without be subjected to assumptions, except for cases of serious negligence; right to undergo medical examination, in case of occupational risks.

Moreover, the relevant regulation acknowledges three groups of rights, i.e. financial (related to financial aspects of remuneration and severance pay), personal (physical integrity and health) and trade union rights.

Apart from rights, obligations are also considered, such as work performance, diligence, obedience, loyalty and safety.

Employment contracts in Italy: how we can help you 

The Arnone&Sicomo International Law Firm and its internal department of employment Lawyers in Italy manage all matters related to employment rights and contracts in Italy. We protect company and worker's rights, in case of breach of labour law and regulations, both in court and out of court proceedings.

We support Italian and foreign companies with employment contract drafting, adapting contracts to the regulations of the considered period. We take care of fulfilling all tax obligations related to the type of work performance, for both the employer and the employee.

Our employment Lawyers in Italy deal with Inail and Inps notifications as well, even in case of work undertaken in non-EU countries, not covered by conventions.

Are you looking for an employment lawyer specialized in labour law and drafting of employment contracts in Italy? Contact us.

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