As a general rule, in a „national“ agency contract, a client registers the agent with Enasarco and regularly makes contributions to the two aforementioned funds throughout the duration of the agency contract. The employment contract is considered permanent, except in the cases provided for by law (Law 230 of 1962). Fixed-term contracts are permitted insofar as they are justified by reasons such as seasonal work, replacement of workers on sick or maternity leave and extraordinary and occasional work. Under Act No. 56 of 1987, collective agreements may allow for other cases of use of fixed-term contracts. Until recently, a violation of the legal requirements for fixed-term contracts resulted in employers generally being required to recruit the worker for an indefinite period. However, more recently, the 196 Act of 1997 (the „Fidelity Act“) has limited this sanction to persistent offences. If the employment lasts ten days beyond the expiry date, the employer is obliged to pay 20% more remuneration; an additional 40 per cent for 20 days beyond the end date; and only then must the contract be transformed into a contract of indefinite duration. A fixed-term contract is considered permanent even if the worker is rehired in less than ten or twenty days from the expiry (ten days for contracts of less than six months` duration; 20 days for contracts of six months` duration or more). The Constitution contains some statements of principle (e.g.B. Section 1 – Italy is a democratic republic based on work; § 4: The Republic recognizes the right of every citizen to work; § 35 – The Republic protects work in all its forms and applications) and certain more effective rules, widely applied in case-law: § 36 – on equitable remuneration, maximum working hours, weekly and annual paid leave (see paragraphs 5, 6 and 11); Sect. 37 – on the protection of women and minors in the workplace (see paragraphs 7 and 9); § 38 – on social security for old age, illness, invalidity, occupational diseases and accidents, etc.; § 39 – freedom of association (see paragraph 12); § 40 – on the right to strike (see paragraph 15).
In accordance with the private international rules in force in Italy (art. 1, Rule 593/08 „Rome I“), an agreement is considered „international“ when there are „situations in which there is a conflict of laws“. Special wage increases are set by collective agreements for overtime on Sundays, other public holidays and night work. Night work has recently been regulated by Act No. 25 of 1999. As a general rule, CbAs intend to transpose the provisions of the Civil Code and those of Directive 653/86. However, contractual CBAs often deviate from these rules and some derogations are important. For example, CBAs allow a client to unilaterally change the agent`s territory, contract products, customer range and commission.
Cost-benefits- Cost-costs have their own calculation of the agent`s remuneration for the post-contractual non-compete agreement. ASAs have special rules regarding termination compensation. I hope that this analysis, although not exhaustive, can contribute to understanding the possible consequences of applying Italian law to an international agency agreement and to taking prudent decisions when drawing up the agreement. . . .
