A special part of civil courts is devoted to work processes. The criteria for selecting staff to be dismissed are set by law (i.e. service time, family responsibilities and technical, production and organisational needs). For example, to avoid the risk of litigation, a company cannot choose to lay off older or underperforming employees. The application of the selection criteria can only be avoided if agreement is reached with the unions on other rational and objective criteria. Fixed-term contracts (fixed-term and open-end contracts) can only be concluded with qualified employment agencies. Workers must be subject to the same legal and economic conditions as those available to the staff of the user company. Like fixed-term contracts, employers cannot use staffing contracts to replace striking workers or replace workers who have been temporarily dismissed or have participated in collective redundancies in recent months. The total number of fixed-term contracts must not exceed 20% of the permanent workforce, unless collective agreements set different thresholds. In the event of illness, worker protection has been significantly improved, including through collective bargaining. During the illness, the suspension of the contract with the protection of labour applies to periods that are normally set by collective agreements, depending on the seniority of the worker. The average period is about one year. During this period, the employee is fully paid (by the employer or by social security).
Beyond this period, a worker is generally entitled to unpaid leave under collective agreements. Quantitative limits are generally set by labour authorities, but the law stipulates that the total number of fixed-term contracts must not exceed 20% of indeterminate contracts. Fixed-term contracts also cannot be used to replace striking workers or replace workers who have been temporarily dismissed or who have participated in collective redundancies in recent months. Collective bargaining can govern all aspects of the employer-worker relationship, with the exception of legal provisions (see item 12 for the effects of collective agreements). Laws 260/1949 and 90/1954 recognize four national holidays and other public holidays. During these holidays, workers receive regular pay. If they have to work for technical reasons, they receive double pay and an additional increase (about 50% of the normal salary). If no national collective agreement applies or if the parties agree to deviate from its provisions, this document must also include the salary, the right to annual leave and the worker`s working time, as well as the dismissal due by each party. However, under Section 2113 of the Italian Civil Code, this cancellation is not valid if the repeal is a right that has been enforced by mandatory legal provisions (for example.
B the right to challenge the termination of the employment relationship) or by collective agreements or collective agreements or agreements, before certain organizations (unions, labour office or labour tribunal).