Labour and employment—Italy—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Italy—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—Italy—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Grimaldi Studio Legale—Angelo Zambelli

1. What are the main statutes and regulations relating to employment?

Italian employment law comes from different sources:

  1. international treaties and European sources;

  2. the Constitution, domestic law and the Civil Code;

  3. collective bargaining agreements and individual employment agreements; and

  4. customs and practices.

In Italy, as in the other civil law systems, case law precedents are issued by the Court according to its inner conviction, which  is based upon legal provisions. Case law precedents—in particular those issued by the Supreme Court—have a significant role in orienting both the interpretation and the application of Italian laws.

The most important labour laws are:

  1. Law No. 300 of 20 May 1970 (the Workers’ Statute), concerning the freedom and dignity of employees, the freedom of trade unions and trade union activity;

  2. Law No. 604 of 15 July 1966 (amended by Law No. 108 of 11 May 1990), concerning individual dismissals;

  3. Law No. 223 of 23 July 1991, concerning collective dismissals;

  4. Legislative Decree No. 66 of 8 April 2003 (as amended by Legislative Decree No. 213 of 19 July 2004 and Law No. 133 of 6 August 2008) on working time;

  5. Legislative Decree No. 81 of

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