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Whistleblowing protections in Italy
Data privacy in Italy
Equal treatment for temporary agency workers in Italy
Anti-discrimination act in Italy
Pay equity laws in Italy
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Employee protection in Italy
Italy places a lot of importance into the welfare of its people, which influences the laws and regulations that govern its workplaces.
From whistleblowing protections and anti-discrimination laws to equal treatment regulations and pay equity measures, the country ensures that all its workers are entitled to a fair and conducive workplace.
In this guide, we’ll cover several employee protection laws to help you understand your responsibilities as an employer, as well as the rights of your employees to help build compliant and better workspaces overall.
Whistleblowing protections in Italy
Similar to neighbouring EU countries, Italy recognises the key role of whistleblowers in safeguarding public interests and organisational integrity against illegal activities. The rights and protections that are afforded these individuals also ensure the accountability of employers and other potentially responsible parties.
Whistleblower protection law in Italy
In November 2017, Italy issued Law N. 179, which protects private and public sector employees from discrimination or retaliation when they report unlawful practices to authorities. The Italy whistleblower protection law also empowers concerned employees to report instances or acts that can be considered retaliatory towards them or other whistleblowers.
With the issuance of Legislative Decree No. 24/2023, the whistleblower protection law now also covers employers with at least 50 employees. Similarly, the adoption of Legislative Decree No. 231/2001 means that even organisations with fewer than 50 employees, operating in specific industries, are required to comply with the whistleblowing law.
Aside from the whistleblowers themselves, the people who support, assist, or enable them to report wrongdoing are also protected under the same law.
Whistleblower protection requirements in Italy
To comply with the whistleblower protection law, employers are required to create more than one channel where employees can report unlawful activities. At least one of these channels should be digitally accessible.
Employers are required to ensure the confidentiality of the whistleblower’s identity as well. Conversely, according to the law, reports made anonymously will not be entertained.
Activating whistleblowing protection in Italy
The most common triggers for activation of the whistleblowing protection law in Italy include reports concerning money laundering, public health endangerment, unlawful practices within financial services, and similar breaches of the law. This is applicable to companies that have an average of 50 or more employees in the past year.
Legislative Decree No. 231/2001or Model 231 renders the companies with representatives who break the law subsequently liable for those crimes. Employees within these organisations may report these breaches and they will be entitled to whistleblower protection.
Measures against whistleblowing retaliation in Italy
Those who retaliate against whistleblowers in Italy are also set to face legal disciplinary actions according to the law.
The dismissal or change of work location of an employee after they have reported potential wrongdoing is now presumed to be retaliatory.
In such cases, employers must prove in Court that these measures were taken independently of the instance of whistleblowing. Failure to do so will void these measures and can result in additional sanctions.
Administrative sanctions under whistleblowing protection in Italy
Administrative sanctions may also be levied in accordance with the whistleblower protection law in Italy. Parties that hamper the report, breach its confidentiality to employers, or retaliate towards whistleblowers may be sanctioned.
Similarly, employers that fail to comply with the implementation of internal reporting channels or any related procedures can also receive these penalties.
The most common administrative sanction in Italy involves the payment of fines.
Data privacy in Italy
Data protection is a top priority in European Union nations – Italy is no exception. The country’s Data Protection Authority is tasked with enforcing data protection laws, ensuring the compliant gathering, managing, and processing of data in both the public and private sectors.
The Authority’s powers also extend to the protection of individual rights, particularly the processing of personal data, including in their respective workplaces.
Italy’s data privacy law
Privacy and data protection in Italy is guided by the country’s General Data Protection Regulation (GDPR). Issued in August 2018, Legislative Decree No. 101 operationalises the GDPR and provides the requirements for controlling, processing, managing, and protecting data.
The Italy data privacy law also lays down the rights of data subjects as well as the relevant administrative penalties and criminal offences.
Data protection in the workplace in Italy
Although employers may block access to certain websites or social network sites during work hours, they cannot control their employees’ personal devices and monitor their electronic communications.
With the introduction of Legislative Decree no. 104 or the Transparency Decree in 2022, employers in Italy are now required to detail what exactly the employment relationship entails to their employees. This includes information on decision-making processes, potential time and activity tracking systems, assessment parameters of their obligations, and more. This highlights the responsibility of an employer to disclose the methods with which they may be monitoring their employees.
In cases where violation of the country’s data privacy laws havehas occurred, responsible parties may receive administrative or even criminal penalties. Breaching the rules regarding the remote monitoring of employees, for example, may be considered a criminal offence.
Equal treatment for temporary agency workers in Italy
At any given time, a substantial portion of the employed population in Italy is made up of temporary workers. These workers are usually under fixed-term contracts put in place to help bolster an organisation’s workforce.
This includes individuals hired to replace absentee employees, to complete a specific task, or to help with seasonal demand until a given date. Another example is employees who may have been hired through a third-party agency.
Protections for temporary and agency workers in Italy
Under the European Union Directive 2008/104/EC, temporary workers are also protected against unlawful practices. Particularly, the directive outlines equal treatment to temporary workers in terms of their basic working and employment conditions.
They are entitled to raise grievances should their employee rights be violated. These protections also extend to temporary employees in both the public and private sectors.
In the case of temporary-work agencies, the law also views them as employers, and therefore liable in case breaches of the law occur.
Working conditions of temporary and agency workers in Italy
Temporary agency workers must receive equal treatment in their pay and work hours, including overtime, breaks, rest periods, night work, holidays, and public holidays.
Employers must also extend these workers equal treatment regarding:
- Treatment of men and women.
- Protections against discrimination based on sex, sexual orientation, race, religion, disabilities, or age.
- Protections for pregnant women and nursing mothers
- Protections of children and young people.
Training, amenities, and access to employment in Italy
Also, in accordance with EU directives, temporary work contracts in Italy require employers to inform temporary and agency workers when permanent positions similar or related to the work they are already performing become available.
In addition, employers are required to encourage these workers to participate in training programmes to help develop their skillset and boost their employability.
Finally, employers are expected to provide access to the same conditions given to permanent or regular workers, such as canteens, transportation, childcare facilities, and other amenities and collective services.
Anti-discrimination act in Italy
Like in advanced economies, Italy has laws in place that strictly prohibit any kind of discrimination. This is clearly outlined in Section 3 of the Italian Constitution.
Anti-discrimination laws in Italy
In the workplace, employees are protected by the Worker’s Statute (Law no. 300 of 20 May 1970). This law protects against discriminatory practices during employment that may be based on age, sexual orientation, gender, religion, disability, nationality, language, union participation, and political preferences.
Several other laws such as Legislative Decrees no. 215 of 9 July 2003, no. 216 of 9 July 2003, and no. 198 of 11 April 2006 that align with the European Directives on Equal Treatment in Employment and Occupation also reiterate these protections.
Moreover, these laws prohibit employers from applying any discriminatory selection criteria when considering candidate applications, accepting and evaluating apprentices, promoting existing employees, or terminating workers.
Protections against harassment in Italy
Italian law also does not tolerate harassment at any form, particularly if they are done on the grounds of protected characteristics of a person, such as those mentioned above.
If instances of harassment take place in the workplace, employers may be held liable. This is especially incriminating if employers have been found to have been aware of the acts of harassment but have failed to stop them from happening. This also applies to instances of sexual harassment.
Employers are permitted to establish their own policies, procedures, and systems to prevent harassment and to deal with cases if they occur. These details are typically outlined in organisations’ code of conduct, in the employee handbook. These internal policies are expected to apply to employers and employees alike.
Pay equity laws in Italy
Pay equity laws for gender equality in Italy
The Workers’ Statute explicitly prohibits employment, promotion, and termination based on the employee’s gender. Job definitions, roles, and responsibilities should also be equally applicable across genders.
In 2021, the new equal pay law or Law 162/2021 was passed to combat the pay gap between women and men. The law notably amends parts of Legislative Decree 198/2006 or the Italian Equal Opportunity Code, which does not allow for discrimination in remuneration within the same position or when having similar responsibilities.
It is also worth noting that these laws align with the National Strategy for Gender Equality for 2021-2026 contained within the Italian National Recovery and Resilience Plan in terms of transparency and rewards.
Reporting obligations for pay equity in Italy
To further tackle gender gaps in the workplace, employers that have more than 50 employees are required to publish a report every two years that contain the following:
- Female and male employment remuneration, including benefits
- Total number of female and male workers hired during the year, their positions, and their contract types
- Detailed selection and recruitment processes
- Detailed criteria in place for career advancement and professional development
- Policies in place to promote employee wellbeing and work-life balance
- Policies in place to promote diversity and inclusion
Employers need to submit the report electronically, using the Ministry of Labour and Social Policies’ online portal. Those that fail to do so may be made to pay fines between 1,000 EUR to 5,000 EUR.
Companies that have been consistent in their submissions of the report and have been meeting the prescribed gender equality measures can apply for a Gender Equality Certificate, which will improve their reputation in the labour market.
Safeguard your business with our compliance expertise
Understanding what your obligations as an employer is one of the biggest challenges of hiring in Italy. Get it wrong, and you could face legal action and damage to your reputation.
Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.
FAQ's
What are the main employee protection laws in Italy?
The main employee protection laws in Italy include the Workers’ Statute and the Equal Opportunities Code, supported by laws covering discrimination, workplace safety, whistleblowing and employee privacy.
These rules protect employees throughout the employment relationship, from recruitment and pay to working conditions and dismissal. The Workers’ Statute also protects trade union rights and places limits on employee monitoring, while the Equal Opportunities Code covers gender discrimination and equal pay. Other anti-discrimination laws extend protection to areas including race, disability, religion, age and sexual orientation.
Employee protection also extends to how people are treated at work. Employers have duties around workplace health and safety, personal data and protection against retaliation for qualifying whistleblowing reports. National collective bargaining agreements can add another layer by setting sector-specific requirements for job classifications, minimum pay and employee benefits.
Do you need a local entity to hire employees in Italy?
Italy’s whistleblowing law, Legislative Decree No. 24/2023, protects people who report specified breaches of Italian and European Union law from retaliation and protects the confidentiality of their identity.
Private employers with an average of at least 50 employees in the previous year generally need an internal reporting channel. Some smaller employers are also covered, including businesses operating in specified EU-regulated sectors and organisations that have adopted a Model 231 corporate compliance model. The precise scope of reportable matters for an employer with a Model 231 but fewer than 50 employees are more limited than for some larger employers.
ANAC, Italy’s National Anti-Corruption Authority, provides an external reporting channel in circumstances allowed by the law, including where an internal report has not been properly followed up or there is a risk of retaliation.
Protected retaliation can include dismissal, demotion, reduced pay and changes to working hours. Protection can also extend to people who assist the whistleblower and certain others connected to them.
What anti-discrimination laws apply in Italy?
The Workers’ Statute, Equal Opportunities Code and racial and employment equality legislation prohibit discrimination at work. Employee protection laws in Italy cover direct discrimination and apparently neutral rules that put protected groups at a particular disadvantage.
Protected grounds include gender, race or ethnic origin, religion, personal beliefs, disability, age and sexual orientation. The Workers’ Statute also protects trade union membership, union activity and participation in strikes. These protections apply to recruitment, training, promotion, pay, working conditions and dismissal, rather than only the initial hiring decision.
The Equal Opportunities Code protects employees against unfavourable treatment because of pregnancy or parenthood, or because they take maternity or paternity leave or use related entitlements. It also prohibits harassment and sexual harassment that violate a person’s dignity and create a hostile or intimidating environment.
Employees can ask a labour court to stop discriminatory conduct, remove its effects and award damages. Equality counsellors and trade unions can support gender discrimination claims.
What employee privacy and monitoring rules apply in Italy?
Employers generally need union agreement or Labour Inspectorate authorisation before installing equipment that can remotely monitor staff. Under the Workers’ Statute, labour law in Italyallows such equipment for organisational or production needs, workplace safety or protection of business assets.
If no agreement is reached, the employer needs authorisation from the Labour Inspectorate. Monitoring employee performance cannot itself justify installing the equipment.
Employers don’t need that approval for genuine work tools or access and attendance systems, provided their function and setup fit that purpose. Adding employee-monitoring features or collecting extended monitoring logs can take a work tool outside that exception, making prior approval necessary.
They must still explain the tools and checks to employees and meet data protection requirements. Employers can use the data for disciplinary or other employment decisions only if they collected it lawfully and explained those uses to employees.
What pay equity and equal pay protections apply in Italy?
Employees have the right to equal pay for the same work or work of equal value under employee protection laws in Italy. The Equal Opportunities Code bans paying employees differently because of their gender, while pay transparency rules require objective, gender-neutral criteria for pay and job classification.
National collective bargaining agreements provide a reference for comparing roles and pay levels. Employers must also examine individual pay arrangements, because applying an agreement does not excuse discriminatory treatment. The comparison considers skills, responsibilities and working conditions, rather than requiring identical job titles.
Since 7 June 2026, Legislative Decree 96/2026 has required job vacancy notices to disclose the starting salary or salary range for the position, based on objective and gender-neutral criteria, together with relevant information about the applicable collective agreement. Job advertisements must disclose the starting salary or range, and employers cannot request or obtain applicants’ salary histories.
Employees can request average pay information, split by sex, for comparable work and must receive a written response within two months. This right may generally be exercised once a year. Employers must tell employees about that right annually and cannot prevent employees from disclosing their own pay.
What protections apply to temporary workers in Italy?
Fixed-term employees receive the same pay and working conditions as comparable permanent employees, proportionate to their period of employment. Under employee protection laws in Italy, the employer must give fixed term staffs the conditions of permanent colleagues at the same job level under its collective bargaining agreement.
This principle covers employment entitlements such as annual leave, contractual bonuses and other benefits. The employer can treat a benefit differently only if the benefit itself cannot apply because the employment is fixed term. An employer cannot exclude someone from an entitlement simply because the employee has an agreed end date.
Temporary employees also retain protections against discrimination and workplace hazards, including during pregnancy and family leave. Employers must apply the workplace risk assessment and safety measures to these employees. A worker can challenge an unlawful fixed-term arrangement, and breaches of the rules governing fixed-term hiring can lead to the employee’s contract becoming permanent.
What protections apply to agency workers in Italy?
Agency workers performing equivalent duties must receive overall pay and working conditions no less favourable than comparable employees of the host company. Under labour law in Italy, employers must compare the worker’s terms with those of the host company’s employees at the same job level throughout the assignment.
The employment agency pays wages and social security contributions, while the host company directs the work. The host company is jointly liable with the agency for those payments, giving the worker a claim against either party if payment is missing. Agency workers also retain trade union rights at the host workplace.
The agency provides safety information and training unless the contract assigns specific training obligations to the host. The host must apply the same prevention and protection duties that cover its own employees. The host must also inform agency workers about vacant permanent positions, so they can compete for those roles alongside directly employed colleagues.
What are the penalties for violating employee protection laws in Italy?
Breaches of employee protection laws in Italy can lead to administrative fines, court orders and compensation to affected employees. The consequence depends on the protection breached, with separate enforcement rules for whistleblowing, personal data and discrimination.
The National Anti-Corruption Authority imposes fines of 10,000–50,000 EUR on those responsible for retaliation, obstructing reports or breaching confidentiality. The same range applies to failures such as missing reporting channels, non-compliant reporting procedures or failing to investigate reports.
Serious data protection breaches can attract fines up to 20,000,000 EUR or 4% of the company’s worldwide annual turnover for the preceding year, whichever ceiling is higher. These are statutory maximums rather than automatic penalties; the Data Protection Authority considers factors including the nature, gravity and duration of the infringement. The Data Protection Authority assesses the breach when setting the actual fine.
For discrimination, a labour court can order the employer to stop the conduct and remove its effects, as well as award damages supported by the employee’s evidence.
How do employers ensure compliance with employee protection laws in Italy?
Employers must assess workplace risks, organise safety measures and put the required reporting, monitoring and equal-treatment procedures in place to meet employee protection laws in Italy. They must prepare a DVR (risk assessment document) and appoint the person responsible for the prevention and protection service. Those two responsibilities cannot be delegated.
Before installing equipment capable of employee monitoring, employers must secure the required union agreement or Labour Inspectorate authorisation and give employees clear information about the checks. Genuine work tools and access or attendance systems do not need that approval, provided their function and setup fit those purposes.
Employers covered by whistleblowing rules need confidential reporting channels managed by independent, trained personnel. Pay arrangements must use gender-neutral criteria, with starting pay disclosed in job advertisements. Employers must give fixed term staff the pay and conditions of comparable permanent colleagues, and agency workers those of comparable host employees at the same job level.
How does CXC reduce employee protection risks for global companies operating in Italy?
CXC helps global companies reduce employee protection risks in Italy by providing local expertise on the employment rules and worker protections that apply to their Italian workforce.
This includes areas where local requirements can differ from a company’s policies in other countries, such as CCNL terms, equal treatment, workplace protections, whistleblowing requirements and employee privacy. Having local support helps HR teams understand what needs to be handled differently in Italy before an employment issue becomes a compliance problem.
CXC brings more than 30 years of global workforce experience and supports businesses across 100+ countries. For companies operating in several markets, this provides access to local employment knowledge in Italy while managing employees and contractors through the same global workforce partner.
Speak to our team to learn more about managing employee protection requirements in Italy with CXC.
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