| Working hours and industry restrictions | | |
| Can women work the same night hours as men? | Yes | No restrictions could be located.
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| Can women work in the same industries as men? | Yes | No restrictions could be located.
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| Can pregnant women and nursing mothers work the same number of hours as men and other women? | No | Legislative Decree No. 151, Sec. 53
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| Parental benefits: leave | | |
| Does the law mandate paid or unpaid maternity leave? | Yes | Decreto Legislativo 26 Marzo 2001, No. 151, Art. 16
Decreto Legislativo 23 Aprile 2003, N. 115, Art. 2 |
Fathers are entitled to paternity leave only in case of the mother's death or serious illness, in case the mother neglects the child or if the father is granted exclusive custody of the child. Does the law mandate paid or unpaid paternity leave? | No | No applicable provisions could be located.
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| Does the law mandate paid or unpaid parental leave? | Yes | Legge 8 Marzo 2000, N. 53, Art. 3
Decreto Legislativo 26.03.2001 N. 151, Art. 32 |
| Parental benefits: length | | |
| What is the mandatory minimum length of paid maternity leave (in calendar days)? | 150 | Decreto Legislativo 26.03.2001 N. 151, Arts. 16, 22
Decreto Legislativo 23 Aprile 2003, N. 115, Art. 2 |
| What is the mandatory minimum length of unpaid maternity leave (in calendar days)? | 0 | No applicable provisions could be located.
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| What is the mandatory minimum length of paid paternity (in calendar days)? | 0 | |
| What is the mandatory minimum length of unpaid paternity leave (in calendar days)? | 0 | |
| What is the mandatory minimum length of paid parental leave (in calendar days)? | 300 | Legge 8 Marzo 2000, N. 53, Art. 3
Decreto Legislativo 26.03.2001 N. 151, Art. 32 |
| Where parental leave exists, is there a minimum number of days which must be taken by the mother (in calendar days)? | 0 | |
| Where parental leave exists, is there a minimum number of days which must be taken by the father (in calendar days)? | 0 | |
| Parental benefits: wages | | |
| What percentage of wages is paid during maternity leave? | 80 % | Decreto Legislativo 26 Marzo 2001, No. 151, Art. 22
Decreto Legislativo 23 Aprile 2003, N. 115, Art. 2 |
| What percentage of wages is paid during paternity leave? | 0 % | |
| What percentage of wages is paid during parental leave? | Partially paid | Legge 8 Marzo 2000, N. 53, Art. 3.4
Decreto Legislativo 26.03.2001 N. 151, Art. 32, Art. 34.1 |
| Parental benefits: who pays? | | |
| Who pays maternity leave benefits? | Government | Decreto Legislativo 26 Marzo 2001, No. 151, Art. 22 ( Nota all'art. 22, comma)
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| Who pays paternity leave benefits? | N/A | |
| Who pays parental leave benefits? | Government | Decreto Legislativo 26.03.2001 N. 151, Art. 34
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| Parental benefits: protection of mothers | | |
| Are there laws penalizing or preventing the dismissal of pregnant women? | Yes | Legislative Decree No. 151, Sec. 54
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| Are employers required to provide break time for nursing mothers? | Yes | Legislative Decree No. 151, Sec. 39
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| Parental benefits: return from leave | | |
| Are there laws obligating the employer to give the employee the same job when she returns from maternity leave? | Yes | Legislative Decree No. 151, Sec. 56
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| Are there laws obligating the employer to give the employee the same job when he returns from paternity leave? | N/A | |
| Are there laws obligating the employer to give the employee the same job when she/he returns from parental leave? | Yes | |
| Retirement and pensions | | |
Retirement is possible at 65, or with 40 years of contributions. What is the statutory retirement age for men in the private sector? | 65 | Legge N. 243/2004, Art. 1, Sec. 6
Legge N. 247/2007, Art. 1 |
Retirement is possible at 60 or with 40 years of contributions. What is the statutory retirement age for women in the private sector? | 60 | Legge N. 243/2004, Art. 1, Sec. 6
Legge N. 247/2007, Art. 1 |
What is the minimum pensionable age for men in the private sector? | 62 | Legge N. 247/2007, Art. 1
Nuova normativa pensionistica che decorrerà 1.1.2008 |
| What is the minimum pensionable age for women in the private sector? | 60 | Legge N. 243/2004, Art. 1, Sec. 6
Legge N. 247/2007, Art. 1 |
| In the private sector, is it mandatory to retire at the statutory retirement age? | No | No applicable provisions could be located.
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| Legal rights in the workplace | | |
| Are there laws or constitutional provisions mandating equal pay for equal work? | Yes | Constitution, Art. 37
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| Are there laws mandating nondiscrimination in hiring practices on the basis of gender? | Yes | Legislative Decree 11 April 2006, no. 198
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| Are there laws protecting employees from sexual harassment in the workplace? | Yes | Legislative Decree 11 April 2006, no. 198
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| Is it illegal to ask questions about a prospective employee’s family status during a job interview? | No | No applicable provisions could be located.
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Upon request of the employee (whether man or woman) living with children up to 13 years of age or living with a handicapped child (irrespective of his/her age), the employee is entitled to priority in transferring from full-time to part-time employment. Do employees with minor children have any additional legal rights to a flexible or a part-time work schedule? | Yes | Legislative Decree 25 February 2000, no. 61
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