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What are the requirements relating to advertising positions?
There are no specific requirements apart from protection from discrimination, which applies to the hiring process.
What can employers do with regard to background checks and inquiries in relation to the following:
(a) Criminal records?
Criminal record checks may be carried out by public employers or for specific positions (eg, security guards or bank employees). Only the employee can request his or her criminal record from the authorities.
(b) Medical history?
Checks on medical history are not permitted. However, for specific roles an employer can carry out a medical examination before hiring in order to ascertain that the employee can perform his or her duties.
(c) Drug screening?
Drug screening is not permitted.
(d) Credit checks?
Credit checks are not permitted.
(e) Immigration status?
Yes, a company must check immigration status before hiring a foreign employee in order to prevent the hiring of illegal immigrants.
(f) Social media?
No specific regulation applies to social media checks.
The general rule is set out in Article 8 of the Workers Statute, which prohibits an employer from carrying out investigations before hiring (eg, into relationships, religious views, opinions and any other facts which are irrelevant to professional qualifications).
Wages and working time
Is there a national minimum wage and, if so, what is it?
National collective bargaining agreements provide for a minimum wage for each business sector depending on the employee’s grade and length of service.
Are there restrictions on working hours?
Decree-Law 66/2003, which gives effect to the EU Working Time Directive in Italy, contains many restrictions on working hours.
The standard number of working hours per week is 40. An employee who works in excess of 40 hours per week is eligible for overtime at a rate specified in the applicable collective bargaining agreement or employment contract.
Working hours must be calculated based on the average hours worked during the month.
Some employees are exempt from statutory hour restrictions, including high-level white-collar employees (the ‘quadri’) and executives (the ‘dirigenti’).
Hours and overtime
What are the requirements for meal and rest breaks?
Employees are entitled to at least one 10-minute break for each shift longer than six hours daily (and 11 consecutive hours of rest between one shift and the next).
Collective bargaining agreements usually provide for a meal break at the company canteen or the assignment of a voucher restaurant for each working day.
How should overtime be calculated?
Every working hour above the standard working week (40 hours) is considered as overtime.
What exemptions are there from overtime?
Some employees are exempt from overtime calculation, including the quadri and the dirigenti.
Is there a minimum paid holiday entitlement?
Yes. The minimum paid holiday entitlement is four weeks a year, but collective bargaining agreements can provide for additional holiday.
What are the rules applicable to final pay and deductions from wages?
On termination, an employer must pay:
- the trattamento di fine rapporto (termination indemnity), which is calculated by adding together, for each year of service by the employee, a quota equal to the annual salary divided by 13.5; and
- any untaken paid holiday.
Employees receive a net salary – the employer automatically deducts tax and social security contributions and pays them to the relevant public authority.
What payroll and payment records must be maintained?
Employers must provide employees with a copy of their payslips each month, which should fully include:
- the composition of the total monthly salary; and
- the taxes and social security contributions withheld at source.
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