Working time in Italy

Introduction

The main laws are as follows:

• the Italian Constitution 
• Italian Civil Code 
• Legislative Decree, 08 April 2003, number 66 
• Legislative Decree, 19 July 2004, number 213, and 
• National Collective Labour Agreements (CCNL).

Key concepts

The law applies to employees and temporary workers. Working time is defined as any period in which the employee is at work, at the disposition of the employer and performing his/her tasks or functions. A night worker is someone who works for at least three hours during night time or, alternatively carries out night work for a minimum of 80 working days per year. A shift worker is any worker whose work schedule is part of shift work.

Minimum working time

No minimum limits apply to a worker’s working time.

Maximum working time

The maximum working time in a day is 13 hours, although CCNL can set shorter limits. The normal working week is 40 hours although CCNL can set a shorter week. The average length of working time must not, in any case, exceed 48 hours for any period of seven days, including overtime.

Night work

Night workers’ working time must not exceed an average of eight hours in a 24 hour period, although CCNL may provide for a longer reference period.

Rest periods and breaks

Workers must have a minimum daily rest period of 11 consecutive hours in every 24 hour working period. Rest breaks are usually set by internal collective agreements.

Annual leave

Details in relation to annual leave entitlements are available here.

Pattern of work

CCNL provide for breaks and rest periods applicable to an employee working pattern.

Unmeasured working time

Employees the length of whose working time is not determined by the employee themselves are not subject to any limitations in relation to their working time.

Special cases and exemptions

The provisions relating to length of night work, daily rest, weekly rest and rest breaks do not apply to special cases (eg executives, offshore workers, etc).

Shift working

Shiftworking is widespread, although the law does not specify any minimum conditions or payments to be awarded to shift workers.

Young workers

Special rules apply to young workers.

Sunday working

Employees are entitled to a weekly rest day which should normally be a Sunday.

Compensatory rest

Workers are entitled to an equivalent period of compensatory rest if they are excluded from rest periods or rest breaks.

Opting out of the maximum working week

Employees cannot agree with their employer to exclude the mandatory legal provisions concerning working time.

Agreements which can modify the law

CCNL frequently deal with modification of employees’ working time.

Records

For working time purposes employers are obliged to keep a record in the employee register (‘libro unico del lavoro’).

Failure to comply with the law

Sanctions for breach of the law fall into two categories: (i) administrative fines and (ii) penalty, for more serious breaches.

Restrictions on contracting out

Any provision in an agreement is void in so far as it purports to exclude or limit the operation of the law.

Overtime

Overtime starts after 40 hours a week and must be carried out in accordance with CCNL. Overtime must not exceed 250 hours annually, in the absence of different limits set by CCNL. In any case, the average length of working time must not exceed 48 hours for any period of seven days, including overtime.

Further information on working time in Italy is available from our International Employment Issues microsite here.