Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Labour and Employment
8.
Tips and traps
8.1
What are your top tips for navigating the employment regime and what potential sticking points would you highlight?
Italy

Answer ... Italian labour law is particularly complex, because it is based on different regulatory levels (laws, collective agreements, individual agreements) whose relationships are complicated and often unclear.

The primary tip is therefore to pay attention to the source of the rights under discussion and never limit oneself to what has been laid down by the national legislature alone, because this may not – or not entirely – apply to the case under analysis.

It is also necessary to take care when entering into contracts other than open-ended, full-time contracts: each ‘non-ordinary’ contract has its own peculiarities and, above all, its own system of sanctions in case of violation of the requirements set out by law.

When it comes to open-ended contracts, their termination is burdensome for the employer, which should consider the risks relating to this possibility. In fact, the termination may unexpectedly be found unlawful, and the heavy penalties ordered by the court may include the employee’s reinstatement and the payment to him or her of all wages accruing in the meantime.

For more information about this answer please contact: Luca Daffra from Ichino-Brugnatelli e Associati
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Topic
Labour and Employment