Employees are mainly divided into: permanent/fixed-term workers, full-time/part-time employees and apprentices (an apprenticeship contract covers both training and employment of young people). If neither party withdraws at the end of the contract, the relationship will continue as a permanent employment relationship). The dismissal of a worker recruited under a contract of indefinite duration can only be based on a legitimate reason (Article 2119 of the Italian Civil Code), which arises when a reason arises which does not allow the employment relationship to continue even temporarily (no notice), or when a justified reason (Article 3 of Law No 694/1966) arises, which differs in subjective (serious breach of contract) and objective (for commercial or any other reason) B. Reasons related to the case not related to the employee`s conduct). ). The latter type of dismissal obliges the employer to grant the employee the notice period provided for in the applicable collective agreements or to pay him the corresponding remuneration. In the event of a violation of the main principles of posting (interest of the employee`s employer and temporary nature), the employee may request the conclusion of an employment contract of indefinite duration with the end user of his services. The employee is free to waive the rights agreed with the employer in his individual contract, unless these rights are defined by mandatory legal provisions and contracts or collective agreements. Although oral contracts are legally binding under Italian law, there is an obvious difficulty for the parties to prove their content.
For this reason, it is strongly recommended not to enter into verbal contracts. Employees are entitled to 3 days of paid sick leave, which are the responsibility of the employer. Wage replacement benefits are provided by the social security system from the 4th day of illness to the 180th day. Some NCAs require employers to supplement social security benefits at 100% of salary. In case of illness, the contract is suspended and the seniority of the employees is protected. The same applies to self-employment, where the remuneration of independent contractors also entails the VAT to be paid by the customer. Social security contributions for employees amount to about 33% of the employee`s salary; about 10% at the expense of the employee, the remaining 23% of the employer. The employer withholds the amount of the employee`s pay slip and is responsible for payment to the competent public bodies (INPS and INAIL). The employer is subject to administrative penalties for late payment or non-payment. Fixed-term, fixed-term or open-ended contracts may only be concluded with qualified employment agencies.
Workers must enjoy the same legal and economic conditions as those available to employees of the user undertaking. Employers cannot use staff contracts to replace strikers, to replace workers who have been temporarily dismissed or who have participated in collective redundancies in previous months. Befristete Arbeitsverträge können nicht dazu benutzt werden, streikende Arbeitnehmer zu ersetzen oder Arbeitnehmer zu ersetzen, die in den letzten Monaten vorübergehend entlassen wurden oder an Massenentlassungen beteiligt waren. Hello I am married to a Colombian woman, with a 17 year old girl (next month 18 years old) from November 2019, she had to come to Italy in March, but with the virus and remained stuck, now despite this count allowed the spouses to meet I can not make her come, the marriage certificate and already registered in common in Alessandria where I live. we can not get in touch with the Italian embassy in Kolumbien, they do not answer the e-mail, nor the phone now on the website ambbogota.esteri.it, there is this form Schließlich kann der Arbeitgeber einen Dienstleistungsvertrag abschließen, durch den die Arbeitnehmer des Vertragsunternehmens ihre Aufgaben zugunsten des Arbeitgebers erfüllen. Gemäß § 29 des Gesetzesdekrets Nr. 276/2003 Service contracts are characterized by the fact that the contractor organizes all the means necessary for the performance of the service or work, assumes the commercial risk and exercises the organizational and instruction-related power over its employees. Unless otherwise provided for in collective agreements, the number of workers made redundant under employment contracts of indefinite duration may not exceed 20 % of the number of permanent workers employed by the user undertaking on 1 January of the year in which the agreement is concluded.
Under Italian law, agency contracts can be concluded either for a limited period of time or indefinitely. It is important to note that the term “mutual agreement” can be misleading in Italy, as it is often used as “dissolution of the employment relationship by mutual consent” (“risoluzione consensuale del rapporto di lavoro”). These services include support from the very early stages of the negotiation to the conclusion of the final agreement, as well as follow-up to ensure compliance with the commitments made by you or the other party. In general, the compulsory benefits provided for by law or in collective agreements for employees (leave, sickness and accident benefits, company car, PC or mobile phone, etc.) do not apply to self-employed workers forced to carry out their activity with an appropriate organization of the necessary time and all the necessary means, taking into account all relevant risks. .