Several (essential) employment-related issues are governed by national collective agreements and collective agreements concluded with works councils at company level. Since then, Decree-Law 66/2003 has replaced the rules on normal working hours and overtime and transposed European Directives 93/104/EC and 2000/34/EC respectively. In accordance with Decree-Law 66/2003, collective agreements should regulate the main aspects of this issue. However, it also provides that the normal working time per week is 40. A worker who works more than 40 hours per week is entitled to overtime at a rate set by the collective agreement or employment contract in force. Recently, collective agreements at company level in Italy have enjoyed wider and increasing application due to two main factors: all workers are entitled to paid annual leave (Article 36 of the Constitution). The Civil Code provides for a minimum legal leave of eight days, only for domestic workers. The minimum leave for all other workers is set by collective agreements which generally provide for paid annual leave of at least four weeks per year. Some agreements provide for additional leave due to seniority. During their leave, employees receive a normal salary, with the exception of allowances related to actual work.
Italy has ratified the ILO Holidays with Pay Convention (Revised), 1970 (No. 132), which provides for a minimum of three weeks` leave of work for one year of service. Under these rules, a trade union may participate in negotiations if it has a representative value of at least 5 % in the sector concerned and if an agreement is valid if it is signed by trade unions whose representative value is at least 50 % plus one in the sector. In addition, the agreement must be ratified by a simple majority of the workers concerned in accordance with the rules laid down in the agreement in question. After ratification, the agreement will become binding on both trade unions and employers. In addition, the agreement prohibits the subcontracting of these activities and stipulates that the contractor must use its own means and tools of production, thus introducing a criterion for the award of works similar to that provided for in the Law on the fight against fraud until 2003 (Law No. 1369/60, replaced by Law No. 1369/60.
276/2003 – the Biagi reform). The timetable for negotiations, as set out in the 1993 agreement, was that inter-industry negotiations on wages and unpaid issues should take place every four years. However, this changed following an agreement signed in 2009 by CISL and UIL, but not by CGIL. Sectoral agreements now have a duration of three years and cover both wage and condition issues. It also confirms previous rules requiring customers to terminate the contract when the contractor applies another NCBA or does not pay salaries or social security contributions. In this case, the agreement provides that the workers concerned will be reinstated by the new contractor under the same conditions of employment. . .
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