Employment contract for a carer (badante)

Key provisions
Under the CCNL (Contratto Collettivo Nazionale di Lavoro, the national collective labour agreement), a carer (badante) is a person who assists a self-sufficient (autosufficiente) or non-self-sufficient (non autosufficiente) person, including, on request, all tasks related to meals (buying food, cooking, laying the table, etc.) and cleaning the home.

As a rule, a carer has some professional qualification. Under the rules, this category covers workers holding recognised certificates or diplomas, for example assistants to the sick, the elderly and people with disabilities. The carer’s main role is therefore to assist the person, but in the time left over they may also do household chores.
This type of employment contract governs the relationship between a domestic worker and the employer. The employer is the person who chooses the working hours and the tasks to be done. The worker is the person who does the work. In this contract the parties set out the most important aspects of the relationship, such as time limits, holidays and the expected pay.
A domestic worker’s employment contract can only be concluded between private individuals, not with a company (for example, an S.R.L. or S.P.A.).

The worker can be hired on a fixed-term (tempo determinato) or permanent (tempo indeterminato) basis. In the first case the parties set the end of the employment relationship from the outset: for example, a worker can be hired on a fixed term for the summer only. With a permanent contract, however, the parties set no end date.
Under this type of contract the worker can be classed either as a live-in worker (badante convivente), or as a worker who does not live with the person they care for (badante non convivente).

The maximum weekly hours that can be agreed in the contract are:
from 1 to 40 hours a week (at most 8 working hours a day) under a live-out contract (badante non convivente);
·54 hours a week under a live-in contract (badante convivente).

What documents are needed to hire a badante?
If the worker (carer) is Italian, the identity documents needed for hiring are a valid identity card and the tax code (carta d’identità valida ed il codice fiscale).
If the worker is a foreign national, the documents needed are a valid residence permit (permesso di soggiorno valido), a passport, an identity card and the tax code (carta d’identità valida ed il codice fiscale).
* For a carer, any diplomas or vocational training certificates they hold may also be required.
For the employer: a valid identity card and the tax code (carta d’identità valida ed il codice fiscale).

What are the main sections of a badante employment contract, and how is it concluded?
Main sections of a carer (badante) contract:
· Type of contract: fixed-term (tempo determinato) / permanent (tempo indeterminato); full time (tempo pieno) / part time (tempo ridotto);
· Personal details of the employer and the worker ( i dati anagrafici di datore di lavoro e della badante);

• (*for a badante – the professional grade (Livello) under the CCNL Lavoro Domestico);
  Place of work (Luogo di lavoro);
• Start date of employment (the date from which the worker starts work) – Data inizio rapporto di lavoro;
  · Duties: a description of the work required of the carer (Le mansioni che deve svolgere);
  · Working hours: full or part time, the working hours and how they are distributed (Orario di lavoro e sua distribuzione);
  · Probationary period (Periodo di prova) (if any);
  · Pay (Retribuzione);
  · Board and lodging: for a convivente/non convivente worker;
  · Agreed holidays (Periodo concordato delle ferie);
  · Confidentiality: to protect the family’s privacy;
  · CCNL: if the employer is a member of an employers’ association;
  
  Other terms: for example, time off for personal reasons; extra pay for additional hours worked; arrangements regarding the worker’s vaccination, etc. (per esempio: eventuali spostamenti per villeggiature o altri motivi).

Important: a domestic worker employed by the hour cannot be a live-in worker. If the domestic worker lives with you, you must state whether the work is hourly, full time or part time.
Hiring a domestic worker part time means hiring a housekeeper or carer under an ordinary employment contract, in accordance with the National Collective Agreement on Domestic Work, with reduced hours (art. 14, c. 2, CCNL).

How is a badante employment contract concluded?

Once all the contractual terms have been settled and both the employer and the worker have all the necessary documents, the employment contract can be drawn up and signed. The contract must always be made in two copies and signed by both parties.

IMPORTANT: The hiring of a worker must be reported to INPS (National Social Security Institute) at least 24 hours before the employment begins (even on a public holiday), using the COLDASS form, or LDEM09 non-EU for a worker from outside the EU (extracomunitario). The notification is made by the employer.

A badante’s hiring must also be reported in the case of a probationary period; for periodic or occasional work; if the badante is already insured with another employer or another company; if the badante is a foreign national; and if the badante already receives a pension.

IMPORTANT: If the badante is a foreign national, within 48 hours of hiring a carer who lives with the employer (badante convivente), the employer must send a written notice (in the form of a “declaration of hospitality” (dichiarazione di ospitalità)) to the local public security authority (comunicazione scritta della presenza all’ autorità locale di Pubblica Sicurezza). This notice is sent by post or e-mail, or delivered to the relevant public security office (the nearest police station) or to the municipality (Comune di appartenenza), together with a copy of the sender’s identity document.

Part-time / tempo ridotto employment contract (badante)

The CCNL (art. 9) provides for a number of grades (livelli) – there are 8 of them – which differ according to the work performed and any qualifications obtained.
So if we need a domestic worker, i.e. a housekeeper who mainly runs the household, from cooking to cleaning, we must place her in one of the grades A, B, C or D. If, on the other hand, we need a carer who provides assistance and personal care as well as running the household, we place her in one of the grades AS, BS, CS or DS.

For housekeepers and carers who live with you but work part time (part time conviventi), only the following grades are allowed: B, C, BS.

For all other domestic workers’ and carers’ roles, a part-time contract cannot be concluded.
So if we decide that the carer should work on a part-time contract, and therefore reduced hours, we can place her in grade C, B or B super.

In this case working hours may not exceed 30 a week, even for a live-in worker. The hours must fall within the following time slots:
from 6.00 to 14.00, when the work is done in the morning only;
from 14:00 to 22:00, when the work is done in the afternoon only;
10 hours a day on alternate days, at most 3 days a week. In this case the work takes place on only 3 days a week.
If the worker is asked to work beyond the agreed hours (oltre l’orario ridotto concordato), the extra time worked is paid at the hourly rate with the overtime increase (art. 15 CCNL).

Part-time (badante) contract

The employment contract with a carer (badante) must be made in writing and state (in addition to the parties’ personal details): the agreed reduced working hours and the working days in the week; the start date of employment; the length of the probationary period; the grade; the agreed pay and the place of work.
A part-time schedule for a live-in worker may also be under 30 hours a week, but even if the domestic worker works only 20 hours, they are still paid for 30 hours.
So a part-time contract for carers sets no minimum weekly working time, but it does set a maximum number of hours:

• for convivente workers, 54 hours a week, at most 10 non-consecutive hours a day;

-for non convivente workers, 40 hours a week, at most 8 non-consecutive hours a day, spread over 5 or 6 days.

Working hours must also respect the worker’s right to rest. Sunday is an important day of rest. If the employer asks the worker to work overtime on a Sunday, the pay is increased by 60% and a day of rest is given. If the worker practises a different religion, their day of rest may be other than Sunday; in that case the parties agree, when signing the contract, on a day of rest to replace Sunday.

Working hours are always agreed by the parties (in the case of part time). If the badante lives with the employer and works full time (tempo pieno), the employer sets the working hours, always within the maximum set by the CCNL.

What is the pay of a badante working part time?

In 2024, part-time badanti classed at grades (B, BS and C) must receive the minimum monthly wage (retribuzione mensile secondo CCNL):

Livello B. This is the grade for domestic workers with the relevant skills who perform routine tasks (mansioni esecutive).
Pay as of 2024: €928.15 for badante conviventi; €662.96 for non conviventi; €6.62/hour (hourly pay for non conviventi);
Livello C. This is the grade for domestic workers with theoretical and technical skills who carry out their duties fully independently (che svolgono le mansioni in piena autonomia). Pay as of 2024: €1,060.76 for badante conviventi; €769.02 for non conviventi; €7.42/hour (hourly pay for non conviventi);
Livello BS. This is the grade for carers who assist a self-sufficient person (persona autosufficiente). Pay as of 2024: €994.44 for badante conviventi; €696.13 for non conviventi; €7.03/hour (hourly pay for non conviventi)

Social security contributions (contributi previdenziali)

As noted, there is no minimum weekly working time for domestic workers, but it is important to explain that the social security contributions the employer must pay to INPS every quarter are higher for a part-time contract of fewer than 24 hours a week. For contracts of 25 hours a week, INPS contributions are fixed and do not depend on the pay given.
On top of this, when a badante applies for unemployment benefit or maternity leave, INPS always calculates the week on the basis of 24 hours. The same applies to the pension calculation. For these reasons, employers are advised to conclude domestic work contracts of more than 25 hours a week.

Full-time (tempo pieno) contract for a badante convivente

Hiring a badante full time means concluding a domestic work contract that provides for at most 54 hours of work a week, with a day and a half of rest as agreed.
The day of rest is an inalienable right and is usually agreed for Sunday, since that is the day when family members, free from work, can spend time with and devote themselves to the patient (the person who needs care).
A badante convivente’s contract is split into 10 hours a day from Monday to Friday and 4 hours on Saturday.
That makes 54 hours a week in all. The 10 hours a day include 2 hours of rest, usually after a meal or as otherwise agreed with the employer. During the rest hours the badante may leave the employer’s home.
The 10 hours are daytime hours and count as a full day, not as night work.
At night the badante is given suitable accommodation so that she is present if needed, not because she works 24 hours a day.
If the badante is asked to work on Saturday afternoon or on Sunday, she must be paid overtime.

A badante’s duties range from caring for the patient, helping them move around, personal hygiene, health and giving medicines, to cleaning and keeping the home tidy and cooking.
A badante also keeps the elderly person company and accompanies them on outings or doctor’s visits. In addition, thanks to the training courses available, many badanti who have completed vocational training hold diplomas and certificates and are able to step in in emergencies, give first aid and provide treatment at home. A carer should also know and speak Italian. Knowledge and the certificates held give a carer a qualification that allows her to be placed in certain grades (Livelli).

The CCNL provides that a qualified badante holding a recognised diploma is entitled to a higher grade (Livello DS) and therefore to higher pay.

So, as of 2024:
a badante at Livello CS working 54 hours a week has a basic wage of €1,127.04 (€1,296.09 for working with a non autosufficiente person);
a badante convivente at Livello DS has a basic wage of €1,391.21 (€1,601.09 for working with a non autosufficiente person; +€196.07 allowance).
On top of these amounts the employer must add INPS contributions, holiday pay, severance pay and the thirteenth-month salary.

What else is a badante convivente (full time) entitled to?
In addition to her pay, a badante convivente must be guaranteed board and suitable accommodation. Board, meaning healthy and sufficient food, must be provided as three meals a day. Accommodation means suitable premises, usually a room where the carer can live in cleanliness and privacy (art. 36 CCNL).
If for some valid reason the badante does not receive board and lodging in kind (does not use them), as usually happens because she is on holiday, on sick leave or away from the employer’s home, she is instead entitled to an allowance (indennità sostitutiva di vitto e alloggio giornaliera), which in 2024 is €6.52 a day for meals and €1.96 a day for lodging. If the badante receives only meals or, conversely, only accommodation, the replacement allowance is calculated only for what is not received in kind.
The employer is not obliged to let a badante convivente register her residence at the employer’s address (a badante may have her own registered residence (la residenza) at a separate address in Italy). As a rule, a badante asks her employer to register her residence there, so when the employment ends she also loses her residenza. Where a badante has just arrived from her country of origin and therefore has no place of residence in Italy, the employer must give her residence at the workplace, otherwise he cannot hire her, since INPS needs the worker’s residential address for registration.
IMPORTANT: a badante who lives with the employer does not become part of the employer’s household (non entra nel suo stato di famiglia).

Contract for a night-time badante: assistance (assistenza) or presence (presenza)?
A person with limited autonomy (persona non autosufficiente) often needs the badante to stay in their home overnight as well. In this case the worker must be hired on the appropriate contract, governed by the CCNL: night-time presence (presenza) or assistance (assistenza).

Types of night-time domestic work contract
There are two options:

• when the person needs constant care and the badante must therefore stay awake all night. In this case, if the service is provided from 20.00 to 8.00, a so-called “night-time care” contract (contratto di assistenza notturna) may be used, usually at grade CS or DS (grade DS if the carer has vocational training);
• when the person does not need constant assistance and the badante, who sleeps in a separate room, rarely provides assistance at night. In this case a “night-time presence” contract (contratto di “presenza notturna”) must be agreed, with hours from 21:00 to 8:00 in the morning, at a fixed monthly rate that does not change with the grade (Livello).
  Whether or not continuous assistance is provided is what distinguishes night-time presence from night-time assistance. Normally, for both contracts, working time is 54 hours a week, given that the badante must live with the employer, and so 9 hours of work from Monday to Saturday are usually stated. These are the hours that are paid and on which contributions are paid (ai fini contributivi) (plus hours of holiday, sickness, public holidays, etc., on which contributions (i contributi) must be paid).

These are exclusively night-time contracts, or contracts for a badante who does no daytime work.

These contracts always involve living in (even if the badante goes home during the day).

In the official minimum pay tables (tabelle delle paghe minime ufficiali), pay for night-time assistance and presence is given only for live-in workers and only per month, not per hour.
Note that the minimum monthly wage is fixed and cannot be changed (it stays the same from 2 to 54 hours a week), so it is always advisable to hire on a presence or night-time assistance contract for 54 hours a week and no less.
While a contract for night-time assistance (assistenza) alone follows the overtime rules and has no special features, for the night-time presence (presenza) contract the CCNL sets a different overtime calculation.
Art. 11 comma 2 CCNL states:
“If the worker is required to provide services other than presence, these are not considered overtime but are paid separately on the basis of the pay set for non convivente workers in table C (CCNL), increased according to the time actually worked.”

If you have any questions or difficulties about concluding an employment contract for a carer (badante), get in touch: we can, and will be glad to, answer your questions, and we will help you draw up an employment contract that meets present-day realities and current legislation.