Information on employment contracts

Legislative Decree No 152 of 26 May 1997 specifies the information that must be included in an employment contract.

At the time of recruitment your employer must inform you of the conditions that apply to the contract or employment relationship. This information is contained in the written employment contract or in the job offer or in any other written document to be provided within 30 days of recruitment (e.g. copy of the preliminary recruitment notice sent to the Employment Centre — UNILAV).

The contract must indicate:

• a) the identities of the parties;
• b) the place of work (in the absence of a fixed or predominant place of work, indicate that the worker is employed in different places and specify the employer’s registered office or place of business);
• c) the date of commencement of the employment relationship;
• d) the duration of the employment relationship, specifying whether it is a fixed-term or permanent employment relationship;
• e) the length of the probationary period if any (including by reference to the applicable collective agreement);
• f) the grading, level, and job title given the worker, or the characteristics or brief description of the work;
• g) the initial amount of remuneration and its constituent elements, indicating the period of payment (including by reference to the applicable collective agreement);
• h) the length of paid leave to which the worker is entitled or the way in which it is determined and taken (including by reference to the applicable collective agreement);
• i) working time, including by reference to the rules of the collective agreement that applies to the worker;
• j) the terms of notice in the event of termination (including by reference to the applicable collective agreement).

 If your work is to be carried out abroad for more than 30 days, before departure (and in any case not later than the thirty day deadline), the following additional information must also be provided:

• a) the duration of the work abroad;
• b) the currency in which your remuneration will be paid (including by reference to the applicable collective agreement);
• c) any advantages in cash or in kind connected to the performance of work abroad, such as benefits, indemnities, etc. (also by reference to the applicable collective agreement);

 The information obligations described above do not apply in the following cases:

• if the total length of your employment relationship does not exceed 1 month and your working time does not exceed 8 hours per week;
• if you are married to your employer or if your employer is a member of your family or similar (no more distant than a third‑degree relative) and lives with you.

Your employer will need to add specific information to your employment contract depending on its type, as described below:

•  1. Fixed‑term employment contract: the contract must specify:
  • a) the term,
  • b) the needs it is designed to meet:
    • i. temporary and objective needs that are unrelated to ordinary activities, i.e. the need to replace other workers;
    • ii. needs associated with a temporary, significant and unplanned surge in ordinary activities. Identifying these needs is mandatory in the following cases:
      1. for contracts with a term exceeding 12 months;
      2. if the employment relationship is extended and the overall term exceeds 12 months;
      3. if the contract is renewed, whatever the circumstances.

• 2. Intermittent work contract (Article 15 of Legislative Decree No 81 of 15 June 2015): for evidential purposes, the contract must contain the following, in writing:
  • a) duration and subjective and objective assumptions on the basis of which the contract is entered into
  • b) the place and manner in which the worker must make him/herself available, possibly guaranteed thereby, and the associated on‑call notice period for the worker, which may not be less than 1 working day;
  • c) the emolument and legislation applicable to the worker for the service performed, and associated on‑call allowance, if applicable;
  • d) the forms and methods by which the employer may legitimately request that the service be performed, and arrangements for recording performance;
  • e) the timeframes and methods for payment of earnings and the on‑call allowance;
  • f) required safety measures depending on the type of contractual activity.
•  3. Staff supply contract (Article 33 of Legislative Decree No 81 of 15 June 2015) must be entered into in writing and must contain the following elements:
  • a) the scope of the authorisation granted to the supplier;
  • b) the number of workers to be supplied;
  • c) the identification of possible risks to the health and safety of the worker and preventative measures adopted;
  • d) the start date for the supply of staff and expected duration;
  • e) the tasks to which the workers will be assigned and the framework for those tasks;
  • f)the location, working time, emolument and legislation applicable to workers.

This information, as well as the start date and expected duration of the assignment, must be communicated in writing by the supplying company, either at the time the staff supply contract is entered into or when the assignment is sent to the user.