There are numerous laws relating to social security and labour regulations which govern employer-employee relationships in Italy. They may vary according to the employers' principal activity, i.e. production, commercial, agricultural, financial, professional. Self-employed agents and sales representatives, as defined under Italian law, are not regarded as employees; however, the employer is obliged to have the representation agreement with such a person officially registered in order to have clear recognition of the relationship for purposes of the social security laws as well as for purposes of tax obligations arising from activities carried out under such agency agree-ments.
The employer-employee relationships are subject to:
1. the Civil Code;
2. pertinent laws dealing with employment;
3. contracts concluded as a result of collective bargaining;
4. individual contracts of employment;
5. custom and practice.
The collective agreements may be in effect nationwide for a main sector (e.g. production) or for a particular industry (e.g. textile), or they may be provincial or local in character. The three main categories of employees are managers (dirigenti), white-collar workers (impiegati) and blue-collar workers (operai). In some branches of activity there may be further categories.
The employer must make a clear distinction between managers and executive staff who have some managerial responsibilities. This is because social security contributions by employer and employee, the employee's entitlement to a minimum wage (which varies according to length of service), number of days annual leave, the minimum notice required for termination of service or dismissal, retirement and death benefits all depend on the category in which the employee is classed.
Law 300 of 20.5.1970, the Workers' Statute, lays down the following rights for workers:
- Freedom of opinion.
- No audio-visual equipment may be installed to check on workers' activities.
- Employers may not check on a worker's fitness for work.
- Individual surveys may be made only by using automatic selection systems and must respect the worker's dignity and privacy.
- Disciplinary action may only be taken according to laid down procedures.
- Opinion polls may not be carried out by employers.
- Employees may ascertain that the regulations for accident prevention are being applied.
- No employee may be downgraded. No worker may be transferred from one unit to another except for proven technical, organisational or production reasons.
- Workers have the right to form and join unions and carry on union activity on the premises where they work.
- Judges may order the reinstatement of a worker dismissed without just cause.
- Union activity, referenda, etc. are allowed. Union dues may be collected through the payroll.
- Companies may not suppress union activity.
Trade union freedom
Trade union freedom is a well-defined freedom of association guaranteed by Art. 39 of the Consti-tution. Its authors are particularly concerned with defending the part of the labour market considered to be the weakest, i.e. the workers, extending as far as to include the constitutional guarantee of the right to strike. The employers' organisations, on the other hand, do not benefit from a similar constitutional guarantee against lock-out, which involves suspension of the activities of the company against the collective interests of the workers.
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