Unlike the other States of the Union, in Italy you don’t find fixed minimum rates of pay ( (“ remuneration”, as specified by the Guideline number 957, in 2018.) determined by the law and valid for all the workers belonging to a given trade; this is the reason why, the social parties and the collective negotiation, with their decisions, play a central role in this matter. More specifically, according to the Italian legal system, the collective negotiations are binding only for the employers registered with the relative concluding trade unions. However, all employers, even those who are not involved with the trade unions, must be sure that their employees receive a wage proportionate and adequate to the quality and quantity of the activities performed, as provided for in article 36 of the Constitution
For the Italian jurisprudence this Constitutional provision ‘ meaning is that the wage can be considered proportionate and adequate if it matches with what has been established by the trade unions in the National collective labour agreement for the employer ‘s economic category. The basic minimum wage is established by the sectoral National Collective Labour Contracts, stipulated by the most representative National trade organizations. These contracts are taken into account by the justice; if the worker thinks for instance that the wage he is receiving is not proportionate and adequate and decides to turn to the law, the judge will deliberate on the basis of what the contract statements are.
With regard to the taxable contributions, in order to fulfil the insurance and social security obligations, the article 1, paragraph 1 of the Law.Decree October/9/ 1989, number 338, converted into law 389/1989, it provides that if you find, in the same product sector, various collective agreements in force, the retribution you have to consider, to calculate the insurance and social security contributions, an amount that cannot be lower than the rtribution established by the collective contracts stipulated by the most important national trade unions .
By tha anlysis of data transmitted by the National Labour Inspectorat, the workers posted in Italy are mostly operating in the sectors of construction, transports and machanical industry. Hence, we published on the Site the contracts approved by the most important National trade union mostly dedicated to the italian workers working in the mentioned sectors, Click here to view the tabs reporting the sectoral basic minimum wage as established by the three mentioned contracts.
The National Labour Contracts can also be viewed through the National archive of CNEL collective agreements (Archivio Nazionale dei contratti collettivi di lavoro del CNEL)