DIFFERENCE BETWEEN WHAT IS PERCEIVED AND WHAT IS ACTUALLY DUE

The Lanzinger Law Firm is an expert in severance pay, thanks to its team of lawyers specializing in workers' rights.Pay gaps, wage payments, working hours, holidays, vacations, and the aforementioned severance pay are just some of the areas of expertise of the Bolzano firm.Call to schedule an appointment and receive advice from expert lawyers.
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Main themes

Remuneration

Remuneration is the compensation that the employer must pay the employee for the work performed and represents the central aspect of the rights and duties established by the individual employment contract and by law.
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    The Italian legal system lacks a specific regulation that defines the principles of Article 36 of the Constitution, according to which workers have the right to remuneration proportionate to the quantity and quality of their work, sufficient to ensure a free and dignified existence for themselves and their families. For this reason, the determination of the minimum wage is generally delegated to collective bargaining agreements, in accordance with the fundamental principle established by Article 36 of the Constitution.

Time of work performance

Working hours are defined as any period during which the worker is at work, at the employer's disposal and carrying out his or her activity or duties (Article 1, paragraph 2, letter a), (Legislative Decree no. 66/2003).
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  • The determination of the maximum length of the working day establishes, after various modifications and additions, that the worker:
  • is always entitled to at least 11 hours of rest every 24 hours;
  • is entitled to breaks of no less than 10 minutes during work, for occupations that require more than 6 hours of work;
  • is entitled to a weekly rest period granted every 7 days, lasting at least 24 consecutive hours and coinciding with Sunday.

Festività

Pursuant to Article 2 of Law No. 260/1949, April 25 (Liberation Day) and May 1 (Labor Day) are considered national holidays. For the same purposes, the following are considered weekday holidays:



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    • January 1;
    • Epiphany (January 6);
    • The Monday after Easter (movable);
    • The Day of the Assumption of the Blessed Virgin Mary (August 15);
    • All Saints' Day (November 1);
    • The Day of the Immaculate Conception (December 8);
    • Christmas Day (December 25);
    • December 26. Workers' remuneration does not vary depending on the occurrence of one or more holidays during the period to which the remuneration refers. If work is performed, the remuneration for the hours actually worked must be paid with the increase established by collective agreements for holiday work. If the national holiday falls on a Sunday, workers are entitled to an additional amount corresponding to a daily quota of remuneration.

Holiday

The right to vacation is intended to ensure that employees have a period of rest during the year, during which they can replenish their mental and physical energy. To this end, the Constitution, in Article 36, paragraph 3, establishes the inalienability of the right to paid annual vacation.

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    Collective bargaining agreements generally provide for a four-week period. Furthermore, vacation is incompatible with an employee's illness and cannot be taken during the notice period for dismissal, nor can it be replaced by any cash compensation.

Termination of employment relationship

Pursuant to Article 2120, paragraph 1, of the Italian Civil Code, in all cases of termination of employment, the employee is entitled to severance pay, which is calculated based on a portion of the salary due for each year, subject to annual revaluation at a rate linked to the trend in the ISTAT consumer price index for blue- and white-collar families.
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    Pursuant to Article 5, paragraph 1, of Law No. 297/1982, for workers already employed on May 31, 1982, the seniority allowance that would have been due on that date is calculated based on the legislation in force at the time and is cumulative for all purposes with severance pay. The latter is due for all employment relationships (including fixed-term, part-time, apprenticeship, and job training contracts) and accrues even during the probationary period.

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FAQ

Detailed questions for each section designed to answer the most common doubts of potential clients of Studio Lanzinger.

  • How do I know if my payslip is correct?

    Through a technical analysis that compares the hours worked, the classification level and the minimum wages set by your CCNL.

  • Can I recover overtime worked "under the table"?

    Yes, but you must provide evidence (witnesses, messages, shifts) that demonstrate that the overtime hours were actually worked.

  • What is TFR and when am I entitled to it?

    Severance pay is a sum that accrues during employment and must be paid at the end of the relationship, regardless of the reason for termination.

  • How long do I have to wait to claim back payments?

    The effective date may vary depending on the stability of the employment relationship.

  • My employer isn't paying me: what can I do?

    The first step is to issue a formal notice and, if the debt persists, to request a payment order.

  • What happens if the company goes bankrupt?

    If the company is insolvent, it is possible to activate the INPS Guarantee Fund to recover the severance pay and the last three months' salaries.