The signing of the prohibitions on competition provided for in Article 2125 of the Civil Code is intended to extend the obligations of loyalty imposed on the worker by Article 2105 of the Civil Code for the period following the termination of the employment relationship. The rule provides: “An agreement limiting the exercise of the worker`s activity for a period after the termination of the contract shall be annulled, unless it is available in the form of a written document, unless the worker receives consideration and contains certain limits on purpose, time and place. The duration of the limitation may not exceed five years for managers and, in other cases, three years. If a longer period is agreed, it shall be reduced to the extent indicated above. In the absence of the application of a national collective agreement (under Italian law there is no obligation, except in certain limited cases, that employment relations be governed by a national collective agreement), reference should be made to Article 36 of the Italian Constitution, which lays down the principles of proportionality and adequacy with which workers` remuneration must comply. In addition, the link is directly proportional to the complexity of the tasks assigned to the employee and the position he occupies in the organization of the company, especially among managers. In these cases, the employer has the right to exempt the worker from work during the notice period and to pay him (or his heirs in the event of death). This payment must be calculated taking into account the worker`s gross annual basic salary, as well as any additional monthly salaries provided for in the national collective agreement in force, the variable remuneration paid during the last three years and the value of the ancillary benefits granted to the worker. Some collective agreements provide for lump sum payments to workers instead of retroactive wage increases or compensatory bonuses. Unless otherwise provided by the Treasury Board, these lump sum payments must also be paid to workers excluded from the collective agreement as managerial or confidential exclusions, although they are classified in a category or occupational level covered by the collective agreement. The law, often supplemented by the provisions of collective agreements, which may also introduce new types of authorizations, allows workers not to perform compulsory service by displaying themselves to the authorizations or periods of leave expressly provided for therein: *The rates of pay will change within one hundred and eighty (180) after the signing of the collective financial management agreement (FI). In accordance with Annex E of the FI Collective Agreement, the rates are paid on a flat-rate basis before the wage is changed: in addition, employers with more than 15 employees have the right to dismiss workers in the context of a collective redundancy procedure. This is always the case when, as a result of the reduction, processing or closure of activities, the employer intends to dismiss, within 120 days, at least five workers employed in the same production unit or in different production units within the same municipality (i.e. collective redundancies).
Proportional to the duration (hour) of work – hour, week, month, year – and is governed by collective agreements or agreements between the parties (or both). . . .