The Italian government recently approved two significant
pieces of legislation – Decree-Laws 93/2008 and
112/2008 – which affect numerous aspects of
employment and labour law, annulling certain provisions
introduced by the previous government and introducing new
The decree-laws introduced changes to working time which
particularly affect overtime and night
work as follows:
Decree-Law 93/2008 provides that for a trial period of
six months from July 1 2008, overtime pay
earned by employees on an annual salary of EUR30,000 or less
is subject to a lower tax rate of 10%.
Decree-Law 112/2008 provides that working activity must
be considered night work if it is performed
for at least three hours a night (ie, for a total of three
hours or more between 11:00pm and 6:00am) for at least 80
days a year.
Decree-Law 112/2008 also provides that employers are no
longer obliged to inform the relevant labour office of the
night work and overtime work performed by their
Back to the Past
Decree-Law 112/2008 annulled the provisions introduced by
the previous government on resignation and
The decree-law annulled Law 188/2007, which required
employees to offer their resignation on
specific forms distributed by the Ministry of Labour and Social
Security. Since June 25 2008 employees have once again been
able to resign by letter or oral statement (unless a written
resignation is required under the applicable national
The decree-law also reintroduced the 'job on
call' contract, which allows an individual to
perform occasional work for an employer in response to
specific, occasional requests. It is one of the most flexible
types of contract available and was originally introduced by
Decree-Law 267/2003 (known as the Biagi Reform) before being
repealed by Law 247/2007.
Decree-Law 112/2008 also introduced also new provisions
temporary employment agreements;
training agreements (abolishing the minimum duration of
two years); and
pensions (allowing payments in addition to remuneration
for working activity with effect from January 2009).
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should
be sought about your specific circumstances.
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