FAQ – Rights in the Workplace: Useful Questions and Answers

Workplace safety is a set of measures and tools adopted to prevent and protect workers from harmful incidents that can occur in the workplace (accidents and injuries, the rise and development of work-related diseases,) and to transform the workplace into a safe environment.

It’s important to follow safety and hygiene regulations, pay attention to potentially harmful situations on the job and use individual protective devices (eg: safety shoes, helmet, gloves, etc.) that are to be provided by the employer. Furthermore it’s essential to report any anomalous or dangerous situation.

In Italy, the standard full-time working schedule is 40 hours per week, but it can vary depending on your contract.
Contracts can also include overtime work (extra working hours), but it must be limited and always authorized by your employer — preferably in writing or in any clearly agreed form.

Every worker has the right to at least 11 consecutive hours of rest every 24 hours, and to a rest period of at least 24 consecutive hours every seven days, usually on Sunday.

All workers are entitled to at least four weeks of paid annual leave, which cannot be waived or given up.

No. Italy is one of the few members of the European Union (EU) that does not have a minimum salary. According to recent research, on the average, the minimum salary goes from 7 € to 9 €/hour.

 

Labour exploitation happens when a person, being in a situation of need or vulnerability, is forced to accept unfair working conditions.
Those who exploit others take advantage of this vulnerability for their own benefit.

Often, people experiencing exploitation are not even aware of their situation.

According to Italian law, labour exploitation occurs when:

  • the salary is much lower than national standards or not in proportion to the hours worked;

  • people are made to work too many hours without breaks, holidays, or sick leave;

  • health and safety rules at work are not respected;

  • workers are controlled through humiliating or abusive methods;

  • the accommodation provided is degrading or unsafe.

The crime is considered more serious when:

  • it involves more than three workers;

  • it involves minors who are too young to work;

  • it puts people’s lives or health at serious risk.

If violence or threats are used, the law provides for immediate arrest — this is called severe labour exploitation.

Labour exploitation can be connected to other serious crimes, such as:

  • slavery or practices similar to slavery,

  • human trafficking (for labour, sexual exploitation, begging, or organ trafficking),

  • buying or selling people as slaves.

Italian law provides several protection measures for people who have experienced crimes such as trafficking, slavery, or labour exploitation.

One of the main legal tools is Article 18 of the Immigration Law.
It allows foreign nationals who are victims of trafficking or of situations of violence or serious exploitation to obtain a special residence permit, called a “residence permit for special cases”.

Yes, and the procedure depends on each person’s situation.

If there is human trafficking, violence, or serious labour exploitation, the person can apply for a residence permit for special cases (Article 18 of the Italian Immigration Law).

There are two main ways to obtain it:

  • Without filing a complaint, by joining a social protection programme — through anti-violence centres, health and social services, or other support organisations;

  • With a complaint or when a criminal investigation has started.

This residence permit lasts for six months and can be renewed for one year or more, if needed, for reasons related to justice.

If the crime mainly concerns labour exploitation and is identified during inspections or investigations, the person can receive a residence permit for special cases – Article 18 ter, which also lasts six months and can be renewed.

Family members of the person who experienced exploitation, if they are already in Italy, can also receive a residence permit for family reasons, to help them leave a situation of vulnerability.

No.
When a person applies for a residence permit for special cases, the judge suspends the legal proceedings.
If the residence permit is granted, the judge then decides not to continue the process, and the case is closed.

If exploitation is identified during a police investigation or a court case, the law does not require the person to file a formal complaint.
It is enough that the person cooperates or provides useful information during the criminal proceedings to help identify those responsible.

If, instead, the Labour Inspectorate (a public authority that monitors respect for workers’ rights) detects the exploitation, it can issue a positive opinion to support the request for a residence permit.

No, it is not a legal requirement for this type of residence permit.
It is still unclear whether this requirement applies to family members who may receive a residence permit for family reasons.

In any case, when applying for a residence permit under Article 18 ter, the person must indicate where they intend to live.

If the Immigration Office (Questura) considers adequate housing to be an essential condition, it is advisable to ask for a written explanation and to contact a lawyer for support.

Consult the list of free legal assistance offices: https://www.jumamap.it/map/litemap.php?ser=leg 

Consult the location of local work inspectorate: https://www.ispettorato.gov.it/lagenzia/struttura-organizzativa/le-sedi-inl/cerca-le-sedi-territoria li/

The “special case” residence permit gives you access to social services, instruction, and employment centers, to be registered at Civil Registry, to work as a dependent or be self-employed .

Yes.
People who have already applied for a residence permit can start working.
The receipt confirming that the application has been submitted allows them to stay in Italy and work temporarily, even if the residence permit has not yet been issued.

Losing your job does not mean losing your residence permit issued under Article 18 ter.

A foreign worker who has experienced labour exploitation has the right to register with SIISL (Information System for Social and Employment Inclusion).
This is an online platform where people can upload their CV and find training and job opportunities.

You can register on SIISL through the INPS website or with the help of a patronato (workers’ support office).
In all cases, you will need a digital identity (SPID or CIE) to access the platform.

Yes, the holders of a special case residence permit are entitled to: 

– Inclusion Allowance (regardless of the status of residence, income or assets 

– Universal allowance for dependent children 

The request for the necessary social services can be filed using the receipt as proof that you have already applied for a residence permit.

There is an extensive support network, information and guidance centers throughout Italy. It’s also possible to call for free and anonymously (without giving your identification,) the national free line 800290290, or one can turn for help to the unions, associations and one’s municipality’s local services. 

Consult the list of centers against labor exploitation: 

https://www.jumamap.it/it/soleil/ 

Consult the list of legal help: 

https://www.jumamap.it/map/litemap.php?se r=leg

Yes, It is very important to do so, In particular, the employer must report to INAIL any injury that leads to a more than three days absence from the job (excluding the day in which the injury occurred.) Work-related diseases must be reported to INAIL by both the employer and the employee. 

If you are injured on the job, you must: 

  • Inform your employer immediately even if the injury appears slight. If you fail to do so, you risk losing the compensation for the days prior to having filed the report; 
  • Give your employer the information on the medical certificate (identification number, date and length of medical leave,) and of all the successive certificates. 

If you have a work-related illness, you must: 

● Communicate it to the employer within 15 days of its diagnosis. If you delay to do so, you lose the right to

compensation for the days prior to the notification. 

  • All information on the initial medical certificate must be communicated, as well as succeeding ones. 

The employer must file a complaint via computer, using the form available on the INAIL website within two days of having received the medical certificate that indicates a prognosis of over three days. If the employer does not proceed to file the complaint, the worker can do so in total autonomy. 

Anyone who works has the right to receive immediate medical assistance and to be compensated in case of a work-related injury or occupational disease.

The employer is responsible for workplace safety and must provide a safe and healthy working environment for everyone.

If you believe that your employer is not respecting your contractual or labour rights, you can contact a trade union or a lawyer to stop the unfair situation and seek compensation for the harm you have suffered.

It is very important to immediately report any form of harassment or discrimination to your employer or to the person responsible for workplace safety.
You can also contact the authorities, such as the Police, the Carabinieri, or the Local Labour Inspectorate (Ispettorato Territoriale del Lavoro).

If your workers’ rights are violated, there are organisations and official bodies that can offer support and protection.

To safeguard yourself from discrimination on the job of a racist, sexist and homophobic nature or threats to your health consult the page: 

https://www.jumamap.it/it/faq/discriminazioni/ 

Women victims of stalking, harassment and violence – not limited to the workplace – can call the free number 1522 that guarantees total anonymity, and will give referrals to the nearest association where you can seek help and support. Consult the Juma Map page on gender related violence to find information and the association nearest you.

In Italy there are numerous projects that contrast labor exploitation: 

Piemonte, Friuli Venezia Giulia, Emilia Romagna, Liguria, Veneto 

Common Ground 

https://www.piemonteimmigrazione.it/lp/comm onground 

Lazio, Toscana, Umbria, Molise, Marche S.O.L.E.I.L. 

https://www.jumamap.it/it/soleil/ 

Umbria 

Umbria Legale e Sicura 

https://www.regione.umbria.it/-/umbria-legale-e -sicura-interventi-di-supporto-all-integrazione-s ociale-sanitaria-abitativa-e-lavorativa 

Sicilia, Basilicata, Calabria, Campania, Puglia Su.Pr.Eme 

https://www.supremeitalia.org/focus/helpdes k-anticaporalato/ 

Sardegna

C.A.S.L.I.S. 

https://www.sardegnaimmigrazione.it/index. php?xsl=2420&s=49&v=9&c=95961&es=66 03&na=1&n=100&esp=1&tb=15026 

Look up all current projects: 

https://integrazionemigranti.gov.it/it-it/Altre-info/e/2/o/18///id/32/Azioni-e-progetti 

This FAQ has been developed by ARCI starting with the texts by Infomigranti: 

https://www.infomigranti.org/services/lavoro/

Loading

What is JumaMap

JumaMap – Services for Refugees is a map designed to help you quickly find useful services near you.
Here you can search for places to sleep, eat, study Italian, and get health, legal or psychological support, as well as many other services dedicated to migrant people and people experiencing homelessness.

The platform is available in 17 languages.
You can change the language from the menu at the top and choose among: Albanian, Amharic, Arabic, Bengali, Chinese, Dari, Farsi, French, English, Pashto, Punjabi, Russian, Somali, Spanish, Tigrinya, Ukrainian, Urdu, Wolof.

You can also access JumaMap on your mobile phone: visit www.jumamap.it

Welcome Center

If you need in-person help, you can come to the Welcome Center:

Monday
10:00 – 14:00 — Social orientation desk

Tuesday
10:00 – 14:00 — Psychological support desk (ages 18–26)
14:00 – 17:00 — Health support desk
14:00 – 18:00 — Social orientation desk
14:00 – 18:00 — Legal support desk

Wednesday
10:00 – 14:00 — Social orientation desk

Thursday
10:00 – 14:00 — Legal support desk (ages 18–26)
14:00 – 18:00 — Social orientation desk

Friday
10:00 – 14:00 — Social orientation desk
16:30 – 19:30 — Legal support desk

Digital support

Tuesday 9:30 – 14:00
Wednesday 10:00 – 15:00
Thursday 9:30 – 16:30

Toll-free number for asylum seekers and refugees

For information and phone support, call Arci’s toll-free number for asylum seekers and refugees:
800 905 570 (Italy)
+39 351 1376335 (WhatsApp, Lycamobile and from abroad)

It answers Monday to Friday, 9:30–17:00, with a multilingual voicemail always active and a network of cultural-linguistic mediators available in 35 languages.
You can also write to: numeroverderifugiati@arci.it

Toll-free number for migrants with disabilities

NABILA is a service offering listening, support and guidance to migrant and refugee people with disabilities or other vulnerabilities.
You can call the toll-free number 800 999 977.
If you prefer speaking in person, you can book an appointment at Arci Nazionale’s Immigration Office:
Via dei Monti di Pietralata 16 – Rome.

Listening and support space for migrant minors and young people

U-Report On The Move is a safe space where you can receive legal support and also talk, freely and safely, about your feelings, your problems and whatever is worrying you.
A trained professional listens to you and helps you find the right support for your needs.
The service is available Monday to Friday, from 9:00 to 18:00.

To use it, simply send a message on Facebook Messenger, through the U-Report On The Move platform.
A team of psychologists replies to messages and offers personalised and attentive support.