PAYROLL REGULATIONS: ITALY

Minimum wage

Italy does not have a minimum wage set at national level. The minimum wage is generally established by the National Collective Labor Agreements.

Legal working hours

The maximum legal working hours in Italy are 8 hours per day or the equivalent of 40 hours per week. The average working time can not exceed, including eventual overtime, 48 working hours in a period of 7 working  days.

Minimum number of days/hours off:

The worker will have the right to stop working and rest for 11 hours in a row , after 24 working hours.

The worker will also have the right to rest for at least 24 hours in a row after 7 working days.

Leave

The worker is entitled to a period of paid leave not shorter than four weeks per year.  Except if required by the collective negotiation,  this period must last for at least two weeks (consecutive if required by the worker), throughout the year.

The residual two weeks must be used within 18 months after the end of the year during which the leaves were completed. The said period (4 weeks, at least) cannot be redeemed by the corresponding  compensation for leaves not taken, unless the employment relatioship  is terminated.

Which is the duration of the posting?

The maximum period of posting has been reduced, from 24 to 12 months. After the 12 months period (extendable to 18 months by a reasoned notification from the service provider), the posted worker will be subject to the employment and working conditions required by the hosting Member State except for the procedures, the formalities and the conditions applied for the conclusion and cessation of the contract, the non-competition clauses and the supplementary pension scheme per category.

Whenever the posted worker will be substituted by a different worker, the period (12 or 18 months) will be estimated by summing up the posting periods of each worker.

Notification requirement as per The Posted Workers Directive

The notification must be forwarded by the service supplier within 24 hours before the starting of the posting. The cancellation can be done within 24 hours before the starting of the first posting period. The appointing of a person that will have the task of acting as legal representantive is mandatory.

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