Answer ... The rules on parental leave are set out in Legislative Decree 151/2001.

A working mother is entitled to mandatory maternity leave under the law, which generally starts two months before the expected date of birth and lasts until the end of the third month after that date.

A working father is entitled first to a period of 10 days’ leave, to be taken within the first five months of the child’s life (mandatory paternity leave). A working father, in lieu of the working mother, is further entitled to paternity leave – that is, to abstain from work for the entire duration of the maternity leave or for the remaining part that would have been due to the mother – in case of:

• the mother’s death or serious infirmity;
• abandonment of the child by the mother; or
• the grant of sole custody of the child to the father.

In such cases, paternity leave starts from the date on which one of the above events occurs.

In recognition of the importance of the presence of both parents in the early years of a child’s life, the legislature has allowed each parent to benefit from optional parental leave – that is, a period of 10 months (which may be extended up to three years in the case of a child with a serious disability) of abstention from work, to be divided between the parents and to be taken during the first 12 years of the child’s life.

Answer ... The right to parental leave (which lasts up to 10 months) may be exercised by each parent for a continuous or divided period of up to six months, unless there is only one parent. However, if a working father exercises his right to take more than three months off work on a continuous or divided basis, the total parental leave available to the parents is increased to 11 months.

The Italian legal system guarantees the parents favourable economic treatment while they are on leave. In particular, for the entire duration of the mandatory leave, the working mother (or the working father in those cases provided for by law) is entitled to an allowance equal to 80% of the average daily salary, which is covered by the Istituto Nazionale della Previdenza Sociale (INPS); some collective agreements provide for the payment of the remaining 20% by the employer, so as to guarantee a sum equal to the entire salary received by the worker. As regards mandatory paternity leave, a daily allowance is paid by the INPS equal to 100% of the salary.

Finally, during periods of optional leave, both parents are entitled to receive an allowance – again paid by INPS – equal to 30% of the average daily wage, for a maximum total period of nine months, if taken within the first six years of the child’s life. From 1 January 2023, for the first month of parental leave, this allowance has increased from 30% to 80% of the salary.

National legislation also provides for assistance to mothers who are not working and whose families are in need.

Answer ... Article 39 of the Italian Constitution expressly recognises the freedom of trade union organisation. This principle has also been made effective in the workplace through a number of regulatory provisions introduced by the Workers’ Statute, which:

• guarantee all workers the right to form and join trade union associations, and to carry out trade union activities in the workplace; and
• among other things, expressly prohibit discriminatory acts and the granting of more favourable economic treatment on the basis of a worker’s membership of a trade union association or the carrying out of trade union activities.

In addition, trade unions are granted the following rights:

• to be informed and consulted in advance on specific events and operations relating to the employer’s employment planning;
• to convene workers’ meetings, including during working hours (albeit within the limit of 10 hours per year);
• to hold referendums on matters relating to trade union activities; and
• to post, in appropriate spaces that are accessible to workers, texts and communiqués on matters of trade union and labour interest.

Specific rights and protections are granted to trade union leaders; among other things, they are entitled to take paid leave to perform their duties, as well as unpaid leave to participate in trade union negotiations, conferences or congresses.

As a further guarantee of trade union freedom and activity, the legislature has introduced a specific form of judicial protection to prevent any anti-union conduct by the employer.

Answer ... The main regulatory sources for the processing of personal data are:

• the EU General Data Protection Regulation (2016/679) (GDPR); and
• Legislative Decree 196/2003, as amended by Legislative Decree 101/2018.

Article 88 of the GDPR expressly refers to the processing of data in the context of employment relationships, leaving member states free to provide, by law or collective agreement, more specific rules to ensure the protection of employees’ rights and freedoms.

In general, an employer is allowed to process the personal data and information of its employees, provided that it complies with the general principles of lawfulness, transparency, fairness and proportionality.

With regard to the remote monitoring of workers, under Article 4 of the Workers’ Statute, as amended by Legislative Decree 151/2015, an employer can use audiovisual systems and instruments which allow the activities of employees to be monitored only if those systems and instruments – which in any case may be installed only with the prior agreement of the relevant trade unions or, failing that, authorisation from the relevant public administration – are used to meet requirements relating to organisation and production, work safety and the protection of company assets.

However, these guarantees do not apply to the tools used by employees to perform their work duties (eg, smartphones, tablets, personal computers), or to tools for recording access and attendance; the employer may thus utilise these without any prior trade union agreement or authorisation from the relevant public administration.

Answer ... Occasional work services are regulated by Decree-Law 50/2017, as amended by Decree-Law 87/2018.

Occasional work services are subject to strict monetary limits, with reference to the calendar year in which the service is rendered. In particular, in the period between 1 January and 31 December each year, occasional work may be performed provided that:

• each worker, with reference to all principals, receives remuneration in a total amount not exceeding €5,000;
• each principal, with reference to all workers, pays remuneration in a total amount not exceeding €10,000 (or €15,000 for specific activities such as fairs and thermal establishments); and
• for all services rendered to the same principal, the service provider receives remuneration not exceeding €2,500.

In any case, no principals – that is, companies which employ up to five permanent employees, agricultural companies, public administrations, hotel companies and tourism facilities – may receive occasional work services from current employees or continued collaboration providers, or from former employees or continued collaboration providers who were terminated less than six months previously.

The remuneration can be freely agreed between the parties, except for a minimum hourly remuneration of €9 and a daily remuneration of not less than €36, equal to the remuneration of four working hours.

In certain cases, breach of these regulations may lead to the mandatory conversion of the employment relationship into a full-time, permanent employment contract.