Provides information on: employment and employment Conditions Community and foreign workers posted in Italy: As regards the secondment of foreign workers, at least the same minimum levels of working conditions and employment of workers who are to be performed for the same work in Italy as required by the legislation provisions and collective agreements. Collective agreements are national, territorial or corporate. National and Territorial Collective Agreements are governed by the most representative trade unions at national and territorial level and collective agreements are governed by trade union representatives or the single trade union representation (Article 51, Legislative Decree No 81/2015). The work done in Italy is governed by the provisions of the law, the administrative instructions and the clauses of the Italian collective bargaining with regard to:
– maximum work and minimum rest time.
Significant penalty regime and regulations concerning working time (Legislative Decree No 66/2003). The normal working time is 40 hours a week, while collective agreements have to set the maximum weekly working time, given that the average working time can in no case exceed every 7-day period, 48 hours, including overtime (Articles 3 and 4, paragraphs (1) and (2) of Legislative Decree No 66/2003). In addition, the worker is entitled to 11 consecutive hours of rest every 24 hours (Article 7 of the above-mentioned legislative decree) and a rest period of at least 24 consecutive hours every 7 days, usually coinciding with Sunday, to be combined with the hours of daily rest referred to in Art. 7. The abovementioned consecutive weekly rest period is calculated as an average over a period not exceeding 14 days (Article 9 of the above-mentioned statutory instrument).
– minimum period of paid annual leave
Essential provisions and penalties with regard to working time (Legislative Decree No 66/2003). Employees are entitled to an annual paid leave of at least four weeks. This period, except in the cases provided for in collective bargaining, must be at least two weeks in succession if the worker so requests during the year of maturation and for the other two weeks during the 18 months following the end of the year. The abovementioned minimum period of four weeks cannot be replaced by the relative allowance for unused holidays except in the event of termination of the employment relationship (Article 10 of Legislative Decree No 66/2003). The employer decides, in principle, the period to be granted for rest, taking into account the needs of the company and the interests of the worker (Article 2109, second paragraph of the Civil Code).
-minimum wage, including increased overtime
There is no minimum wage in Italy, determined by law. The minimum wage is set in collective agreements arranged in the different production sectors of the most representative trade unions at national level and in accordance with Art. 36 of the Constitution which establishes the right to remuneration in proportion to the quantity and quality of work.
-conditions for posting temporary workers
Conditions of employment and employment of workers employed by temporary employment undertakings (Article 35, Legislative Decree No 81/2015). During the mission / work / in the user undertaking, temporary workers are entitled, in the light of their obligations, to economic and regulatory conditions which are not lower than those of that user’s employees. The user undertaking is jointly and severally liable with the service provider for the salaries of employees and for the payment of the relevant social security contributions, except for the right of recourse to the supplier (Article 35 cited).
-safety and hygiene in the workplace
Essential provisions and the system of sanctions introduced by Legislative Decree p. 81/2008 (Consolidated Safety Act). With the Consolidated Act on Health and Safety at Work (Legislative Decree 9 April 2008, No. 81) Italy has provided a system of preventive rules that apply to all sectors of activity, both private and public, and for all types of risk (Article 3 (1)). The obligations laid down by the Consolidated Act on Health and Safety at Work are combined with the provisions of the Directive on the Posting of Workers Act, implemented in Italy by Legislative Decree of 17 July 2016, n. 136. In particular as regards the protection of the health and safety of workers, Article 3 (6) of the Consolidated Act provides:
The subcontractor has obligations of prevention and general protection;
- The subcontractor is required to ensure the safety of the working environment in which the same is performed as the beneficiary of the service;
The subcontractor has all the obligations to protect, and firstly the risk assessment, training, health surveillance;
- The person in charge has training and information duties relating to the typical risks normally associated with the performance of the duties for which the worker is posted;
- The person in charge is required to ensure that the prevention and protection measures are observed in the places where the worker is posted;
- The employer who posted his staff is responsible for the illegal acts committed by the posted worker (Article 2049 of the Civil Code).
-the working and employment conditions of pregnant women or women who have recently given birth, children and young people
“Consolidated Law on the Protection and Support of Maternity and Paternity” (Legislative Decree No 151/2001), Law 17 October 1967, n. 977 on the protection of the labor of children and adolescents. The reference legislation for the protection of the rights of working mothers is Decree 151/2001. It aims, on the one hand, to protect the health of women and children and, on the other hand, to guarantee women economic protection for periods of absence. The abovementioned Decree provides:
- mandatory abstinence (Articles 16 and 22), during the 2 months preceding the presumed date of birth and the 3 months thereafter. The remuneration is equal to 80% of the conventional wage. Without prejudice to the total duration (5 months), it is also possible to take advantage of the flexibility of leave (Article 20), continuing to work until the 8th month of pregnancy, taking advantage of the remaining period of compulsory leave during the following 4 months at birth, provided that a certificate from a GHS physician or health professional at the workplace certifying the compatibility of the pregnant woman’s health status with work is provided.
- the prohibition on the appointment of workers to the severe and unhealthy jobs listed in Annexes A, B and C to the abovementioned legislative decree (Article 17), during pregnancy and up to 7 months after confinement.
Equal treatment for men and women and other non-discrimination provisions
Legislative Decree n. 198/2006. In Italy, the discipline of equal opportunities and non-discrimination between men and women is mainly contained in the Legislative Decree of 11 April 2006 n. 198, the Equal Opportunities Code of Practice for Equality and Diversity between men and women, which brings together in one text the provisions on the subject of anti-discrimination. The Code lays down the principle that equal treatment and opportunities between women and men must be ensured in all areas of employment. The Decree, in fact, provides for a prohibition of discrimination in access to employment, promotion and vocational training, in working conditions, including pay, as well as in relation to social security benefits. Of particular importance is the prohibition of pay discrimination whereby any direct or indirect discrimination in respect of any aspect or status of remuneration is forbidden in respect of the same work or work to which the same value is attributed (Article 28). With regard to the provisions relating to protection of rights and compensation for any damage, the Equal Opportunities Code provides for specific legal protection that can be triggered in cases of breach of the prohibition of discrimination.
OBLIGATIONS OF THE SUPPLIER OF SERVICES:
Article 10 of Legislative Decree No 136/2016 states that a foreign company (service provider) must fulfil the following obligations:
- Submission of a pre-posting declaration for the posting of staff in Italy until midnight (within 24 hours) from / on the day before the start of the secondment and notification of any subsequent changes within 5 days of the occurrence of the event, according to the procedures defined in with the specific ministerial decree of 27 October 2016 and the relevant annexes.
- Keep the working documentation in paper or electronic form in Italian (contract of employment or other documents, salary slips, timetables indicating the beginning, end and duration of the daily working hours, documentation proving the payment of salaries or other equivalent document , as well as the certificate related to the applicable social security legislation (Form A1) and the notification, etc. for the whole period of secondment and up to two years after its termination).
- Identify a contact person in Italy who is responsible for sending and receiving documents. In the absence of such a person, a legitimate address for communication with the authorities shall be the e-mail address and the address of the recipient of the service (for the entire period of secondment and up to two years after termination).
- Obligation to designate a person who does not necessarily coincide with the above, acting as a legal representative, to associate the social partners concerned with the service provider for possible collective bargaining; this contact person is not required to be present at the place of secondment but must be available in case of a substantiated request (for the whole period of secondment and up to two years after termination).
Following the entry into force of Legislative Decree n. 149/2015, a single Labor Inspection Agency, called the “National Labor Inspectorate”, was established on 14 September 2015. The Inspectorate carries out the inspection activities already carried out by the Ministry of Labor and Social Policy, the National Institute for Social Security (INPS) and the National Institute for Occupational Injury Insurance (INAIL). It has its own organizational and financial autonomy and is placed under the supervision of the Minister of Labor and Social Policy (Ministry of Labor and Social Policy), which is also responsible for the regular monitoring of the objectives and proper management of the financial resources under the control of the National Audit Office. By the Decree of the President of the Republic (No. 109 of 26 May 2016, published in the Official Gazette – General Series of 21 June 2016)., In force since the day following its publication, the Rules of Procedure of the Inspectorate were issued. The Statute, together with the institutional decree, governs its activities. The Inspectorate is headquartered in Rome and has a maximum of eighty Territorial Offices. The functions of the National Labor Inspectorate are governed by the Legislative Decree of September 14, 2015, 149. Functions and responsibilities: Based on the regulations issued by the Ministry of Labor and Social Policy, the Inspectorate shall exercise and coordinate on the national territory the supervisory function with regard to work, contributions, compulsory insurance and social legislation, including supervision on matters related to the protection of health and safety at work, within the competence assigned to the inspection staff of the Ministry of Labor and Social Policy established by the Legislative Decree of 9 April 2008, p.81. The Inspectorate is also responsible for assessing the recognition of entitlement to benefits in respect of accidents at work and occupational diseases by addressing the characteristics of the different production cycles in order to establish the application of the premium. It issues interpretative circulars for inspections and sanctions, as well as operational regulations addressed to the inspection staff, provided that the consent / approval of the Ministry of Labor and Social Policy is obtained.
Based on the regulations of the Ministry of Labor and Social Policy, he:
– make proposals on the quantitative and qualitative objectives of audits and monitor their implementation;
– Train and update the inspection staff, including INPS and INAIL.
– carries out prevention and law enforcement activities aimed at combating undeclared and unlawful work in the road transport sector,
– implements and coordinates supervisory activities on labor relations.
– Carries out studies and analyzes on the phenomena of undeclared and unregulated work and risk mapping;
– manages distributed resources;
– deals with all other activities related to the control functions assigned to it by the Ministry of Labor and Social Policy;
– reports information useful for the implementation of the institutional activities and planning of the Ministry of Labor and Social Policy, INPS and INAIL.
To avoid overlapping interventions, it is coordinated with the inspection services of local health authorities and regional environmental agencies. (Dpcm of 23 February 2016), sets out the provisions for the organization of the human and instrumental resources of the Inspectorate (dp of 25 March 2016) governs the management of finance, economy and equity, as well as the negotiation activities of Agency. The staff of the Inspectorate may not exceed 6357 units divided into different qualification groups. The inspection staff working at the headquarters of the Ministry of Labor shall be transferred with effect from 1 January 2017 (Article 2, Decree of the Ministry of Labor and Social Policy, after consultation with the Minister of Economy and Finance) of 28 December 2016) in the central and local offices of Rome. These staff are granted the right to ask to remain in the role of the ministry. Inspectors of the INPS and INAIL, on the other hand, remain in the institutes to which they belong to the activity planned by the Inspectorate. At the headquarters of the Inspectorate in Rome, a Command “Carabinieri for Labor Protection” was created. The Director of the Inspectorate has the task of dictating the guidelines and programs for periodic inspections and the supervisory activity carried out by the means and the coordination with the Inspectorate. INAIL and INPS inspectors acquire the status of a judicial police officer with the acquisition of all the powers already granted to the inspectors by the ministry, thus ensuring the homogeneity of the supervisory activity.
The heads of the Inspectorate are responsible for the implementation of the programs determined by the Director they adopt.
HOW TO PROTECT: Employed workers who work in Italy can assert their rights in administrative and judicial proceedings. Illegal situations can be reported to the Territorial Services of the National Labor Inspectorate, which will initiate the necessary oversight activities.