ITALY Law and Practice Contributed by: Angelo Zambelli, Barbara Grasselli and Alberto Testi, Zambelli & Partners
• Unless otherwise provided for by the collective agreements, the number of employees employed through fixed-term contracts cannot exceed 20% of the number of employees hired under a perma - nent contract as of 1 January of each year. Failure to comply with this provision entails the payment of a fine, but the fixed-term agreements remain valid. • The duration of an employment contract can be validly fixed only if the contract itself is stipulated in written form. Otherwise, the clause regarding the fixed-term of employment is null and void, and the relationship is considered to be for an indefinite period of time. In fact, even if, in general, there is no obligation for the employment contract to be in writing, written form is required for the validity of certain contracts or covenants (eg, fixed-term employment contracts, non-competition agreements or probationary period clauses) or in relation to the burden of proof (such as in case of part-time employment contracts). Legislative Decree No 104/2022 ( Decreto Trasparen - za ), which implements EU Directive 2019/1152, and aims to ensure “transparent and predictable working conditions for employees in Member States”, came into force in August 2022. The Decree regulates employees’ right to information on the essential ele - ments of the employment relationship, working condi - tions and related protection. According to the said Decree, the employer must provide the employee with information in writing at the date of hiring or at least within seven days after the commencement of the employment relationship, including, but not limited to: • the identity of the parties; • the place of work; • the registered office or domicile of the employer; • the date of commencement of employment; • the initial remuneration and the items that compose it with details of the timing and method of payment; • the employee’s contractual category; • level and job title; • the specific type of contract (eg, fixed-term, per - manent), and, in case of fixed-term agreements, the duration;
• the duration of the trial period (if any); and • the scheduling of normal working hours and any conditions relating to overtime work and its remu - neration, etc. Please note that: • certain information – ie, the right to receive train - ing provided by the employer, if any; the duration of holidays; the applicable NCBA; the procedure, form and terms of notice in the event of termination by the employer or employee – may be provided within one month of the commencement of work; and • some information (eg, the duration of the proba - tionary period; the right to receive training; the length of vacation, the notice period, and the bod - ies receiving social security and insurance contri - butions) may be communicated to the employee by indicating the relevant legal provisions or the collective agreement, including company-level agreements, that govern these matters. It is also permissible to make reference to the National Collective Bargaining Agreement (NCBA) governing the employment relationship or to other relevant com - pany documents that are routinely delivered or made available to employees, for more detailed information on these matters. 1.3 Working Hours Working time is regulated by Legislative Decree No 66/2003 and by the NCBA applied by the employer, as well as by collective agreements entered into at local/ company level, if any. Said Decree provides that: • normal working hours are 40 per week; • collective agreements may establish shorter normal working hours and define them based on an aver - age over a period not exceeding 12 months; and • the average working hours cannot in any case exceed 48 hours, including overtime, in each period of seven days. The average duration is to be calculated over a maximum period of four months, which can be raised by the collective agreements up to six months, or twelve months in case of
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