ITALY Law and Practice Contributed by: Angelo Zambelli, Barbara Grasselli and Alberto Testi, Zambelli & Partners
sional qualifications. Alternatively, they should have a so-called blue card issued by another EU member state or have attended professional, civic, and linguis - tic training in their home country. Highly qualified employees performing remote work from Italy under the employment of foreign entities (so-called “digital nomads”), when the relevant condi - tions are met, do not require a work clearance (“ nulla osta al lavoro ”). 4.2 Registration Requirements for Foreign Workers EU nationals can stay in Italy up to three months from their arrival with no particular requirements. If the peri - od is longer, they must register with the registry office of the city where they settle. Non-EU nationals can be hired, but their employment is subject to quotas set by ministry decree (unless they are employed for special activities or are high - ly qualified employees). The employers shall obtain authorisation from the competent immigration desk, which is typically issued within 60 days of the request. Once hired, non-EU employees must apply for a per - mit to stay ( permesso di soggiorno ) within eight days of entering Italy with a long-term visa. Smart working, is a method of conducting the employ - ment relationship, governed by a mutually agreed- upon contract between the parties involved and subject to notification to relevant authorities. This approach allows for flexible work organisation based on phases, cycles, and objectives, without strict con - straints on time or location, leveraging technological tools to accomplish work activities. These activities may be carried out both within and outside company premises, with no fixed location, provided the legal and collective bargaining agree - ment limits on daily and weekly working hours are observed. The employer assumes responsibility for the safety and functionality of the technological equip - ment provided to employees for work purposes. In 5. New Work 5.1 Mobile Work
turn, employees are entitled to protection against accidents and occupational illnesses, even while working outside company premises and during com - mutes between home and chosen work location. The smart working agreement must be formalised in writing for administrative and evidentiary purposes, addressing the specifics of work performed outside company premises, including equipment usage, managerial control, and potential conduct outside company premises warranting disciplinary action. The agreement must also clearly define rest periods and outline technical and organisational measures to ensure employee disconnection from work-related technology. The agreement may be established for a fixed or indef - inite term. In the latter scenario, termination requires a minimum 30-day notice (90 days for disabled work - ers). For justifiable reasons, either party may withdraw prior to the expiration of a fixed-term agreement, or without notice for an indefinite-term agreement. The “National Protocol on Smart Working” by the Min - istry of Labour and Social Policies, in conjunction with social partners, elaborates on the requirements and specifics of individual smart working agreements. Crucially, smart workers must receive equitable treat - ment compared to colleagues performing similar tasks and holding equivalent responsibilities within Italian law and NCBAs clearly outline leave for pur - poses such as study, personal reasons, or holding political office. However, there is no specific legal framework for sabbatical leave. This type of leave is subject to negotiation and ultimately depends on the employer’s discretion. the same company. 5.2 Sabbaticals During a sabbatical, employees generally do not receive pay while retaining their job positions. It’s important to note that they do not accrue seniority during this time off.
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