The employment contract


An employment contract is an agreement whereby:

  1. the employee undertakes to make his activity available to the employer;
  2. the employer undertakes to pay the worker a sum in cash as remuneration.

The parties have reduced autonomy in establishing the conditions of employment because they must comply, in addition to the legal requirements, with the requirements contained in collective agreements signed by trade unions and employers' associations.

In relation to collective agreements, the parties may, as a general rule, only provide for clauses to improve the situation.

It can be drawn up in a free form, since a verbal agreement (except for some cases) is also sufficient, but usually the employment consultant draws up a written act represented by the letter of engagement signed for acceptance by the worker.

In order for a worker to be hired by a company, they must meet certain minimum requirements needed by law. The legal capacity to be the holder of rights and obligations is the necessary prerequisite of each contract and assumes different aspects depending on whether you want to be an entrepreneur yourself or if you want to work for others, specifically:

  • for the self-employed person it is acquired by birth if a natural person, or by the recognition of legal personality in the case of a legal person (companies, institutions);
  • a minimum age is required for the employee.

The ability to act is the ability to perform acts suitable to change their legal situation, which is acquired with the age of majority and can be suspended (interdiction) or limited (incapacitation).

In addition, specific skills are provided for the worker alone:

  • psycho-physical fitness to perform certain tasks;
  • technical and professional fitness.

The establishment of an employment contract does not provide for any special requirements, except those provided for by the general rules. In any case, certain preventive rules must be respected, which are fundamental when recruiting, and in particular:

  • Medical examination before the employment;
  • compulsory written form for the validity of fixed-term contracts, apprenticeship contracts, part-time contracts, probation period;
  • obligation to inform the worker in writing of the following contractual conditions: place of employment, duration of employment, classification, etc.;
  • mandatory notification of recruitment, which must be made within 24 hours of the day before the performance of the service or in any case of the entry of the worker into the company.

For more information, see Legislative Decree 81/2008

Updated on 23/11/2020