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Italy: Employee rights

Original author: Massimo Pallini
Updating author: Luciano Racchi

See the legal services provided by the author of XpertHR International > Italy, including any discounts/offers for subscribers.


  • Most of the measures introduced in response to the coronavirus (COVID-19) outbreak have been repealed. (See Coronavirus - emergency measures)
  • There are various rules for employees' hours of work, with particular restrictions for night workers. (See Hours of work)
  • Employees are entitled to minimum rest breaks and rest periods. (See Rest breaks and rest periods)
  • Subject to numerous exceptions, Sunday work is prohibited. (See Sunday work)
  • There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holidays and holiday pay)
  • Pregnant employees and new mothers have various rights. (See Maternity and pregnancy rights)
  • Natural and adoptive parents are entitled to take parental leave. (See Parental and paternity leave)
  • Employees are entitled to unpaid leave to care for a close relative with severe disability, and parents are entitled to paid leave to care for a sick child. (See Carer's leave)
  • Employees are entitled to be absent from work if they are prevented from working without fault on their part. (See Force majeure leave)
  • Part-time workers have various rights, such as the right not to be treated less favourably than a comparable full-time employee except where such treatment can be justified. (See Part-time workers)
  • There are various rules regarding the use of fixed-term workers, who have certain rights. (See Fixed-term workers)
  • There are rules in relation to smart working. (See Remote working)
  • "Job-on-call contracts" are employment contracts under which workers are on call to perform intermittent or periodic work. (See "Job-on-call" contracts)
  • Temporary work agencies must provide end-user companies with written contracts on the assignment of workers. (See Temporary agency workers)
  • Workers can be temporarily assigned to work elsewhere in the same organisation or for another organisation. (See Seconded workers)
  • Workers from other EU countries posted to work in Italy are covered by all employment regulations and relevant collective agreements. (See Posted workers)
  • If a business or part of a business is transferred to a new owner, its employees also transfer. (See Transfers of undertakings)
  • Employees' unpaid wages are protected where their employer becomes insolvent or lacks sufficient assets to satisfy its obligations and debts. (See Insolvency of employer)
  • Employers must adopt their own disciplinary code. (See Disciplinary procedures)
  • There are various rules regarding the processing and use of employees' personal data. (See Data protection)
  • Employers are required to provide clear and easily accessible information regarding the channel, procedures and prerequisites for making internal and external reports. (See Whistleblowing)