1. What are the conditions for fixed-term contracts of employment in Italy?
Fixed-term contracts in Italy are permitted for specific cases like seasonal work, replacing employees on sick leave or maternity leave, or extraordinary work. Collective agreements may also authorize other cases where fixed-term contracts can be used in Italy.
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2. What happens if a fixed-term contract continues beyond its expiry in Italy?
In Italy, if a fixed-term contract continues for ten days beyond its expiry, the employer is required to pay 20% extra remuneration. If it continues for 20 days, the extra payment increases to 40%, and only then is the contract required to be converted into an indefinite one.
3. Can an employee’s fixed-term contract be considered indefinite in Italy?
Yes, in Italy, if an employee is rehired within ten days for contracts shorter than six months or within 20 days for contracts longer than six months, the fixed-term contract will be deemed indefinite.
4. What types of special employment contracts exist in Italy?
In Italy, special employment contracts include apprenticeships, part-time contracts, solidarity contracts to help businesses during difficulties, work-training contracts, and fixed-term contracts, among others.
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5. How is an employee's contract suspended in Italy due to illness or maternity?
In Italy, suspension of the contract is allowed for industrial accidents, illness, or maternity leave. The employee is entitled to an allowance from social insurance, covering approximately two-thirds of the salary, with collective agreements often covering the remaining third.
6. What is the process for termination of a fixed-term contract in Italy?
In Italy, the termination of a fixed-term contract is automatic at the end of its specified duration or task. However, the employer may terminate the contract earlier for just cause, as per the Civil Code of Italy.
7. How can an indefinite contract be terminated in Italy?
In Italy, an indefinite contract can be terminated by either party, provided the notice period is respected. Termination without notice is allowed only in cases of just cause, as specified under the Civil Code of Italy.
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8. What protections exist against unfair dismissal in Italy?
In Italy, dismissals based on political opinions, trade union membership, or other discriminatory grounds such as sex, race, or religion are considered null and void. Additionally, employees who were members of workers' committees are protected from dismissal without union authorization for one year after their duties end.
9. How are dismissals on grounds of pregnancy handled in Italy?
In Italy, dismissal due to pregnancy is prohibited if it occurs between conception and the end of the employee's statutory period of absence for confinement or until the child reaches one year of age.
10. What happens in case of unjustified dismissal in Italy?
In Italy, if an employee is unjustly dismissed, they may be reinstated, and the employer must pay damages equivalent to five months’ salary for companies with more than 15 employees. In smaller firms, compensation ranging from 2.5 to six times the monthly salary is provided.
11. Can an employee resign without notice in Italy?
Yes, in Italy, an employee can resign without notice in cases such as non-payment of wages, failure to grant holidays, or significant changes in their job duties, as outlined in the Civil Code of Italy.
12. What procedures apply to collective dismissals in Italy?
In Italy, collective dismissals require special procedures for informing and bargaining with unions. Employees affected by collective dismissals are entitled to special indemnities according to EU directives and Italian law under Act 223/1991.
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