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Italian labour laws are generally more supportive of employees than employers, although there are of course exceptions to this. Whilst there are certain fundamental legal obligations and rights which apply to every type of job in Italy, there are also labour laws which are only applicable to particular sectors, jobs and companies. Employment contracts are required for most positions and are usually negotiated either on an individual basis, or with a trade union. For jobs which come with a great deal of responsibility, it is advisable for the prospective employee to have a solicitor such as Gabriele Giambrone look over the terms and conditions of the contract before signing it.
Even in instances where an employee is being hired temporarily, an employer in Italy is legally obligated to notify the provincial employment centre before the employee begins work. In addition to this, they are also required to let the employment centre know if they decide to make any changes to an employee’s contract. Law firms like Giambrone Law are frequently hired by employers to draw up contracts, so as to make sure that all potential problems are addressed, and that they are protected against being held liable. Every employer in Italy must also put aside seven percent of the gross salary earned by their employees for the TFR – this is a termination payment, which all employees are entitled to, regardless of whether they leave their position voluntarily or as a result of being dismissed.
A typical Italian employment contract will usually specify employee benefits, including things such as bonuses at the end of the year. The amount provided in these bonuses is discretionary; however most employers will offer a month’s salary. Whilst for the time, these bonuses are still quite commonplace it’s worth noting that many new organisations in Italy are offering company shares instead of bonuses.
Contracts will almost always include details regarding the termination of employment; in this regard, Italian employers are considered to be quite generous, as notice periods are relatively short, ranging from between five to fourteen days for most jobs, and between one and four months for those in managerial and executive positions, or those who have been working in a particular role for several years. If an employee fails to give the required amount of notice, then the employer may decide to sue them. Solicitors from Giambrone Law often deal with such cases.
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