Key points of the online meeting of 4 July 2024: public holidays and leave, carta di soggiorno, having a baby

Public holidays (festività)

Under art. 16 of the CCNL (National Collective Labour Agreement), the following are public holidays (days off):

1 January

6 January

Easter Monday

25 April

1 May

2 June

15 August

1 November

8 December

25 December

26 December

Santo Patrono (the feast day of the patron saint of the town or village where you work)

A domestic worker is entitled to a full day of rest and to full pay on these days.

Public holidays are paid whether or not work had been scheduled for those days.

Public holidays on an hourly contract

As set by the CCNL, hourly workers are paid for a public holiday at 1/6 of their weekly working hours.

An example of public holiday pay for hourly domestic workers

Suppose a domestic worker works 20 hours a week at an hourly rate of €7.00/hour.

This domestic worker’s pay for a public holiday will be:

€23.33, based on the following calculation: (20 ÷ 6) × 7.00.

Public holidays on a live-in contract (monthly pay)

For live-in workers (convivente), a public holiday is paid in full. If the holiday falls on a Sunday, it is calculated as 1/26 of the total monthly salary. The pay must also include board and lodging.

Let us look at an example of public holiday pay for a live-in carer (badante) (worker level CS, with a monthly salary of €1,120.76 and a board and lodging allowance of €6.47 a day).

On public holidays (when the holiday does not fall on a Sunday), the calculation is as follows: the day is paid in full + €6.47 (covering board and lodging).

If the public holiday falls on a Sunday, the calculation is as follows: (1,120.76 ÷ 26) + 6.47 = €49.57.

If you work on a public holiday or on a Sunday

If work is done on a Sunday or on a public holiday, the CCNL entitles the worker to extra pay on top of the normal wage. Specifically, the CCNL sets a 60% supplement on the basic pay.

Let us take a practical example: a nanny paid €8 an hour. Suppose she works 10 hours a week and worked 3 hours on a public holiday.

Holiday pay is worked out as follows: the hourly wage is increased by 60% (so it becomes €8 × 1.60, which equals €12.80 an hour).

So for the 3 hours worked on the public holiday, the nanny will earn: €12.80 × 3 hours = €38.40.

In addition, you also need to include the normal public holiday pay, calculated as: (10 hours ÷ 6) × €8 = €13.33.

Adding it all together, the total pay for the public holiday will be €51.73, made up of the holiday work supplement and the normal pay for the day off.

As we can see, a public holiday may be a day of rest, a working day or may coincide with a Sunday. Each scenario requires its own pay calculation.

Ferie e permessi (annual leave and time off)

The Italian Constitution recognises employees’ inalienable right to paid annual leave, that is, a period off work to recover their mental and physical strength.

By law, a worker may not waive their leave; contracts that provide for this are void, except in exceptional operating conditions of the organisation.

The employer sets the leave period, taking into account the needs of the organisation and of the worker, and informs the worker of it in advance.

The minimum annual leave is four weeks. In the first year of employment two weeks of leave may be taken, and the rest within the following 18 months. Breaking these rules carries a fine of €130 to €780 per worker.

Replacing leave with a cash payment is prohibited, except when the employment relationship ends. The collective agreements for different types of work set different lengths of leave. If the leave is longer than four weeks, the remainder may be taken over a period longer than 18 months or replaced with a cash payment.

Leave entitlement depends on how long you have worked for that employer. When leave days are calculated, absences due to pregnancy, illness, accidents or reduced working hours are not taken into account. Leave is reduced by days off taken for family reasons, time off to work at elections and the like.

The following do not count as annual leave: periods off work (for the father or the mother) to care for a child, and leave during which the worker or their child falls ill. If the leave includes public holidays, the worker is entitled to have it extended or to be compensated with a cash payment, under the National Collective Agreement for their category of workers.

Leave is suspended while the worker is ill, because illness prevents the recovery of physical and mental strength. The worker must inform the workplace of the illness immediately, confirming it with a medical certificate and the expected length of the illness. During this time checks may be made that the sick worker is at home.

During leave the worker is entitled to full pay. If the worker has not taken the leave, they must receive extra pay on top of the normal daily wage for a working day, even if they did not raise this with the employer. If the employer and the worker end the employment relationship, the worker must be credited and paid for the leave days accrued up to that time.

Leave for carers and domestic workers

Domestic workers are also entitled to rest every year, that is, an uninterrupted period off work. The employer sets the timing of the leave, taking into account the worker’s needs. Foreign workers may accumulate leave over two years in order to spend longer in their home country.

The minimum annual leave is

• 8 consecutive days for hourly workers;
• 15 days for workers caring for elderly people, with up to 5 years of service;
• 20 working days for workers who have been in the same job for more than 5 years;
• 26 days for full-time workers and those who live with their employers.

If the employment lasts no more than one year, the worker is entitled to one twelfth of the annual leave multiplied by the number of months worked.

The right to time off for religious holidays

The Italian Constitution recognises citizens’ right to freedom of religion. That is why workers may take time off on the religious holidays of the faith they profess. This right applies to denominations that have concluded the relevant agreements with Italy. Law no. 101/1989.

Sick leave (malattia)

A worker’s absence from work due to illness is protected by Italian law under art. 2110 of the Civil Code, which provides that, when a worker is absent because of illness, they are entitled to keep their job and to receive sick pay.

Who is entitled to sickness benefit from INPS (National Social Security Institute)

• Industrial workers;
• Workers in services and entertainment;
• Agricultural workers;
• Apprentices;
• Unemployed people (if the illness began within 60 days of the end of the employment);
• Seafarers.

How is it paid?

• The first 3 days are paid by the employer – 100%
• From day 4 to day 21 – 50% of the worker’s average daily earnings
• from day 21 to day 180 – 66.66%.

Malattia (sick leave) for colf and badante (domestic workers and carers)

• The number of paid sick days depends on length of service:
• Up to 6 months – 8 calendar days;
• From 6 months to 2 years – 10 calendar days;
• Over 2 years – 15 calendar days.

The employer pays as follows

• from day 1 to day 3, 50% of the total actual pay,
• from day 4 – 100%.

If a domestic worker is off work due to illness, her job is kept for a period that depends on length of service, namely:

• 10 days, with up to 6 months of service;
• 45 days, with 6 months to 2 years of service;
• 180 days, with more than 2 years of service.

Example
A live-in worker hired on 3 January 2024, with a monthly salary of €1,000:

• In December 2024 the worker falls ill for the first time and gives the employer a medical certificate stating the expected period of illness, from 2 December 2024 to 10 December 2024. By law, the worker is entitled to 10 paid days.
• So 9 calendar days must be paid: the first 3 days at 50% and the remaining 6 days at 100%.

Calculation: the monthly salary of €1,000 + the board and lodging allowance of €195.60, divided by 30.

So (1,000 + 195.60) ÷ 30 = €39.85 per day of illness, reduced by 50% = €19.93 for the first three days;

• €19.93 × 3 days = €59.79
• €39.85 × 6 days = €239.10

The total sick pay due will be €59.79 + €239.10 = €298.89.

Permesso di soggiorno lungo periodo (long-term residence permit in Italy)

Law no. 238 of 23 December 2021 provides that the long-term residence permit in Italy (permesso di soggiorno lungo periodo) is valid for 10 years.

Documents required to apply for a permesso di soggiorno lungo periodo:

• fill in the application kit (KIT) with the yellow stripe, available at the post office from the “Sportello Amico” counter or from a CAF (tax assistance centre);
• a copy of your valid passport (copia del passaporto);
• a copy of your valid residence permit (permesso di soggiorno), issued for any reason (copia del permesso di soggiorno);
• a copy of your valid carta d’identità (identity card) (copia carta d’identità);
• a copy of your income tax return for the previous year (730/CU/UNICO);
• copies of your payslips (buste paga) for the last 3 months;
• a copy of your employment contract (copie del contratto di lavoro); if you have several contracts, submit all of them, and if one of your contracts ended last year, you must submit a copy of it too;
• a historical certificate of residence (certificato storico di residenza), obtained from the Comune (municipality) where you are registered;
• a family status certificate (certificato di stato di famiglia), obtained from the Comune;
• a criminal record certificate and a certificate of pending charges (certificato casellario giudiziale e certificato carichi pendenti), obtained from the Italian court for your place of registration;
• a certificate of knowledge of Italian at level A2;
• 2 photographs (passport-style).

The minimum income required to obtain a permesso di soggiorno lungo periodo:

– income for one person – €6,947.33;

– with 1 additional family member, if under 14, the income must be €10,420.99;

– with 2 additional family members – €13,849.66;

– with 3 additional family members – €17,323.31.

Cost of a permesso di soggiorno lungo periodo, as of 2024

• €100 for the EU residence permit application;
• €30 in postal charges, paid at the post office;
• €16 for the revenue stamp (marca da bollo), which you buy at a tabaccheria (tobacconist’s);
• €30.46 for issuing the electronic permit.

PLEASE NOTE: with a permesso di soggiorno lungo periodo you may be away from Italy for a maximum of 12 consecutive months. A longer absence may result in the permit being revoked.

IMPORTANT: under art. 9, para. 3 TUI (Testo Unico sull’Immigrazione, the Consolidated Immigration Act), this residence permit cannot be issued to people who hold one of the following types of residence permit:

• for study purposes (art. 9, para. 3(a) TUI);
• for medical treatment (art. 36 TUI);
• for social protection and for victims of domestic violence (art. 18 TUI);
• for natural disasters (art. 20 TUI);
• for humanitarian/special protection (art. 32, para. 3, of Decree no. 25/08).

Exception: only for those who have applied for political asylum (asilo politico), the 5-year period of residence required for the permit (permesso) is counted from the date the application for international protection was filed (art. 9, para. 5-bis TUI).

What a permesso di soggiorno lungo periodo (UE) gives you

• entry into Italy without a visa;
• the right to stay in other Schengen countries for up to 3 months;
• the right to work in Italy as a self-employed person or an employee;
• the right to work or study in other EU countries (although you will need a special permit from the country you choose);
• the right to receive social benefits in Italy;
• the right to apply for Italian citizenship (if the other requirements are met) without having to take an Italian language exam, and more.

Reminder!

The permit must be updated (aggiornamento del permesso di soggiorno lungo periodo) straight away after any change (a change in your registered address, a new passport, a change in the make-up of your family, such as the birth of a child, and so on), without waiting for the 10 years (the expiry of the permesso) to run out.

Having a baby in Italy

First of all, a pregnant woman should go to the ASL (local health authority), where she will be given a certificate of pregnancy that gives her access to all medical services free of charge.

When it is time to give birth, the woman can go to a hospital or call an ambulance (on 118). She should have with her all the documents she received during the pregnancy, as well as her personal documents.

Registering a child’s birth

If the child was born in Italy, the birth is registered as a civil status record by the competent local authority (the Comune).

Registering a child’s birth with the state is compulsory.

To register the child with the Ufficio di Stato Civile (civil registry office) of the Comune, you must declare the birth by submitting a Dichiarazione di nascita (declaration of birth):

1. at the hospital within 3 days of the birth;

2. or yourself at the Comune (ufficio di Stato Civile) within 10 days.

Documents to bring: the Dichiarazione di nascita and an identity document of both parents or of the person registering the child.

Civil status records may not be registered a second time in Ukraine.

For use outside Italy, the birth certificate issued by the Comune must be certified (apostilled) and translated into Ukrainian in the manner established by law.

When registering the birth, you must state, among other things, the child’s first name.

Our advice

• check with the registering office in advance whether the child can be registered with the name you have chosen;
• check that the child’s name is spelled correctly in Latin letters;
• do not enter the child’s patronymic in the “first name” field of the registration form.

There are several forms of birth certificate in Italy

For a birth certificate issued by the Italian registry authorities to be valid in Ukraine, it must state the first names and surnames of the parents.

In addition, documents issued by the competent Italian authorities must be legalised, apostilled and translated in the manner established by law.

A birth certificate issued by the competent Italian authority (the Comune) must be legalised with an “Apostille” stamp at the Prefettura (prefecture) and accompanied by a certified translation into Ukrainian.

Check that the child’s name is written correctly in the certificate and in its translation!

A person’s first names and surnames are not translated but transliterated: they are written in letters of the Ukrainian alphabet so as to reproduce how they sound.

For example: “Michele” becomes “Мікеле” (Mikele), not “Михайло” (Mykhailo).

The child’s surname must be spelled the same way as the surname in the Ukrainian international passport of at least one of the parents. The parents’ surnames and first names in the certificate and in the translation must also match those in their Ukrainian international passports.

The child’s citizenship by birth

To have the child’s acquisition of Ukrainian citizenship by birth formalised (and obtain a Certificate of Registration as a Citizen of Ukraine from the Consulate General of Ukraine), one of the parents (a citizen of Ukraine) submits the following documents:

1) An application for formalising the child’s acquisition of Ukrainian citizenship by birth;

2) the original and a copy of the child’s birth certificate (documents issued or drawn up by foreign authorities must be submitted to the diplomatic mission abroad certified in the manner established by Ukrainian law, that is, legalised with an “Apostille” stamp and accompanied by a certified translation into Ukrainian);

3) the original and a copy of the Ukrainian passport or another document provided for in Article 5 of the Law of Ukraine on Citizenship, confirming that one of the child’s parents was a citizen of Ukraine at the time of the child’s birth.

The decision to formalise the child’s acquisition of Ukrainian citizenship, or to reject the application, is taken by the head of the diplomatic mission abroad or their deputy no later than one month from the date the documents are received. A refusal is communicated to the applicant in writing no later than one week from the date it is made.

If the decision is positive, the child is registered as a citizen of Ukraine and issued with a certificate of registration as a citizen of Ukraine, which must then be presented when applying for documents confirming Ukrainian citizenship (an international passport).

No consular fee is charged for issuing the certificate.

The certificate of registration as a citizen of Ukraine is issued in a single copy and only once. Registration cannot be repeated. If the document is lost, damaged, confiscated and so on, the diplomatic mission abroad issues a certificate confirming the earlier registration, stating the full details of the previous certificate.

The documents may be submitted by one of the parents who is a citizen of Ukraine. The child and the other parent (whether a foreign national or a citizen of Ukraine) do not need to be present.

A passport for the child

To obtain an international passport for a child, parents who are citizens of Ukraine (or one of them, if the other is a foreign national, or if the child lives with one parent) submit the following documents:

1) Birth certificate (if the child was born abroad, the certificate must bear an “Apostille” stamp and be accompanied by a translation into Ukrainian certified in the established manner) – original and copy;

2) Certificate of registration as a citizen of Ukraine – issued by the Embassy or a Consulate of Ukraine – original and copy;

3) The parents’ international passports – original and a copy of their first pages;

4) An application form from one parent and a separate statement from the other parent (if the other parent is not present when the documents are submitted, their statement must be notarised in advance at the Consulate General of Ukraine and added to the file by the other parent). Please note: no statement from the other parent is required if they are a foreign national or a stateless person;

5) A document confirming the child’s temporary stay (for example, a permesso di soggiorno) or permanent residence abroad (an international passport with a “Permanent residence abroad” stamp) – original and copy. If you have neither, any other document confirming that the child actually lives in Italy (for example, a certificate from the nursery, school, a medical facility and so on);

6) A document showing the current address of one of the parents in Italy (carta d’identità, certificato di residenza, tessera sanitaria (health card) and so on) – original and copy;

7) 1 photograph, 10×15 cm (if the child is under 12, this photo can be taken at the Consulate General of Ukraine);

8) Receipt for payment of the consular fee for automated data processing, €37 – original and copy.

Please note: when applying for an international passport for a child who lives with one parent, the original or a duly certified copy of one of the following documents must be submitted:

• the death certificate of the other parent;
• a court decision depriving the other parent of parental rights;
• a court decision declaring the other parent missing;
• a court decision declaring the other parent legally incapable;
• the original Extract from the State Register of Civil Status Acts on the birth, with information about the father, under part 1 of art. 135 of the Family Code of Ukraine.