The core content of labor (movement) law
In order to reduce the unemployment rate, Italy's recent Labor Decree (276/2003) X made important changes to the employment regulations, increasing the flexibility of the Italian labor market. The two main changes are:
First, a new contractual scheme has been established that allows for exceptional growth trends in production for a certain period of time, as well as significant reductions in Labour costs in the event of declines in production.
Secondly, the act on self-employment has been promulgated, allowing the use of self-employment for certain special projects.
Since the debt crisis, Italy's unemployment rate has continued to rise, and the problem of youth unemployment is particularly serious. On 28 June 2012, the Italian government passed Law 92, which introduced a partial reform of the Labour market. It mainly has the following three aspects: narrowing the scope of application of temporary labor contract, encouraging the use of apprentice labor contract, promoting the employment of young people; The Labour procedures for dismissal have been adjusted in the light of the current economic situation; Reform the social security system to make it more efficient, consistent, and equal.
In addition, employment relations are regulated by the Constitution, the Civil Code, the Statuto dei Lavoratori (Bill of Rights of Workers) and other laws and decrees. Collective labor contracts regularly stipulate the employment hours and conditions of workers according to different professional categories.
[Employment Regulations] According to the law, the labor contract has the following forms:
On-call employment contract: applicable to discontinuous professional work;
Auxiliary labor contracts: applicable to discontinuous professional work carried out by the same worker;
Apprentice labor contract: applicable to the employment of young people, the contract period should be at least 6 months;
Part-time work contract: The working hours are less than the full-time working hours per week, and the worker needs to agree in advance.
Project work contract: Specify the specific project, the main tasks, and the results of the project execution.
Internship contract: The enterprise needs to clarify the internship program and salary with the internship organization, and the entity needs to communicate with the region, the Ministry of Labor, and the company receiving the internship.
Fixed-term contracts: the working hours are defined by both employers and employees, and the labor dispatch agency and the professional employment agency (registered with the Ministry of Labor and Social Policy) jointly ensure the payment of workers' wages, social security and compliance with the relevant regulations on labor environment and safety.
Employment contracts are not required by law to be in writing, but the vast majority of collective Labour contracts are in this form. Employees are employed on the basis of employment contracts, and employers and employees should sign fixed-term contracts and part-time work contracts in writing. In certain circumstances, such as seasonal work or filling temporary vacancies, fixed-term contracts are permitted.
The employee shall not engage in business activities in direct competition with the employer and shall not disclose confidential or inside information about the employer or production methods. The invention of the employee belongs to the employer in the context of the contractual task and in the case of payment.
There is no minimum wage in Italy, but the Italian Constitution gives everyone the right to a fair income. Collective labor contracts usually define minimum standards for wages and benefits. In 2004, the national collective labor contract stipulated that employers and employers should negotiate wage increases every two years, taking into account inflation.
The average working day is 8 hours. The maximum number of hours worked per week (including overtime) is 48, but this cannot be done for more than four consecutive months.
(1) Working overtime. Overtime work is regulated in collective labor contracts. In the absence of special provisions, overtime may not exceed 250 hours per year. Employers who fail to comply with the above time limits will be subject to administrative fines.
(2) Holidays. There are 11 religious or national holidays in Italy. The Constitution grants everyone the right to one day off per week (usually Sunday), and employees are entitled to four weeks off per year.
(3) Sick leave. Employees are entitled to retain their positions on sick leave. Senior employees can take sick leave for more than 6 months, which is stipulated in the collective labor contract.
(4) Personal leave. Due to marriage and family obligations, employees are entitled to 15 days of personal leave per year at full pay.
(5) Maternity leave. Maternity leave is available two months before and three months after the birth and is subject to payment of 80% of wages. In the event of the death or serious illness of the mother of the baby, the father of the baby may take the same period of leave.
The new regulation of Law No. 92 of June 28, 2012 on dismissal procedures applies mainly to enterprises with more than 15 employees.
Under Italian law, an employee can be dismissed if:
(1) Good reason means that the employee has seriously breached his/her duties or otherwise caused the continuity of the working relationship to be unsustainable;
(2) Valid reasons, including subjective reasons, for employees' failure to comply with duties but not sufficient to constitute "sufficient reasons", such as failure to carry out important instructions issued by managers, material damage to machinery and equipment, poor performance; There are also objective reasons why employers want to reorganize production or the workforce (e.g., cut redundant workers).
Dismissal is usually in writing and the reasons for dismissal are specified, otherwise the dismissal will be invalid. If the employee believes that the dismissal was unfair, he or she can appeal to the court within 60 days. If the dismissal is for "objective reasons" or "economic reasons", reinstatement will no longer be automatic. This procedure applies only if the dismissal does not contain plausible grounds, in other cases the employer is required to pay wage compensation. Compensation shall not exceed the sum of wages of the last 12 months. Employers are required to report their termination plans and reasons to the provincial Labour authority, which is mandatory and required prior to termination. After that, the labor department will mediate between the two parties, and if the mediation is unsuccessful, the worker will be dismissed according to the written dismissal notice. If the mediation results in a positive outcome and the employment contract is terminated, the new Employment Social Security System (ASPI) comes into operation and the employment agency will find a new job for the worker. In the case of discriminatory dismissal based on political, religious or trade union activities, the dismissal is invalid and the worker has the right to return to work.