Labor law in San Marino

A rapporto di lavoro subordinato is dependent work performed under an employer's direction in return for pay. San Marino's main employment rules include Legge 17 febbraio 1961 n. 7, Legge 4 maggio 1977 n. 23, Legge 9 maggio 2016 n. 59, Legge 18 febbraio 1998 n. 31, Legge 31 marzo 2010 n. 73, Legge 9 dicembre 2022 n. 164 and later implementing measures. Legge n. 164/2022 mainly governs private employment. Public-sector employment and the Settore Pubblico Allargato can be subject to additional rules. A Contratto Collettivo di Lavoro, usually called a CCL, is a written sectoral collective agreement. San Marino has CCLs for areas such as industry, crafts, public employment, commerce, construction and services. A CCL must be published and registered, applies across its covered category, and cannot remove a more favorable contractual term. It commonly sets minimum pay, working time, probation, hiring conditions, internal representation and detailed leave or notice rules. Employers register the CCL they apply through the relevant portal; failing to do so can lead to an administrative fine of EUR 250. The public employment pathway is handled through LABOR and the UO Ufficio per il Lavoro e le Politiche Attive–Centro di Formazione Professionale, known as ULPA-CFP. Job seekers can submit a CV online and register with the Liste di Avviamento al Lavoro. Registration may require tax and family information, education or qualification records and a criminal-record certificate or substitute declaration. A person with zero workdays must generally confirm the registration every quarter through Timbratura Cartellino. Failure to confirm can result in official removal from the list and possible loss of Indennità di Disoccupazione. Applicants must not be charged a placement fee, and relevant employment communications are generally free of charge in 2026. An indefinite employment contract is the statutory standard. A fixed-term contract requires a written basis and a lawful reason. Under Decreto Delegato 30 ottobre 2023 n. 153, the usual maximum duration, including renewals and extensions, is 24 months and the usual maximum number is four. A fixed-term contract lasting more than 18 and up to 24 months carries an additional 3% contribution. A seasonal contract may last up to nine months in a year. Exceeding the applicable limit can convert the relationship into an indefinite contract. If the employer does not give the required notice before expiry, the first 10 extra days attract a 20% increase and the relationship is then converted. Non-renewal normally requires written notice at least 10 days before expiry. Priority for a similar job can arise after more than six months of work and lasts three months, or six months after a 24-month contract. A priority claim must be challenged within 60 days, followed by a court application within another 60 days. A challenge to the legality of a fixed-term arrangement generally has a 120-day deadline. Probation is regulated by the applicable CCL and may last no more than six months. During probation, either side can normally withdraw without notice or compensation. A part-time contract must be written and state its duration and working-time distribution. Part-time employees generally retain the same rights and duties as full-time employees, with pay and benefits calculated proportionately. Other arrangements include occasional or accessory work, temporary agency work, distacco with consent for a temporary need, family and domestic work, work by pensioners, work by shareholders or administrators, coordinated cooperation and self-employment. These arrangements are not automatically equivalent to dependent employment; the actual working relationship must be assessed. The statutory working-time framework sets a maximum of 48 hours per week and eight hours per day, while impiegati have a 44-hour weekly limit. Overtime normally requires authorization from the Sezione Ispettorato del Lavoro and is limited to two hours per day. The statutory overtime supplement is 25%. Night work runs from 22:00 to 06:00 and attracts the applicable supplement. A CCL can provide more favorable or sector-specific rules. For example, the commerce CCL may use a 40-hour week and contain special rules, including an annual overtime limit of 150 hours. San Marino has no single national tariff covering every occupation. Pay must meet the minimum applicable CCL sector table or statutory standard. Equal pay applies to women and men performing work of equal value. Employers pay wages periodically through a busta paga and must use a traceable bank payment or an equivalent payment instrument. Christmas gratification and seniority compensation, including Indennità di anzianità, arise under the applicable law and CCL. The exact amount and timing depend on the sector and employment terms. Workplace safety rules under Legge n. 31/1998 apply in public and private employment, except for the Nucleo Uniformato Guardie di Rocca, Gendarmeria, Polizia Civile and Protezione Civile, which follow special provisions. Employers must assess risks, maintain a DVR, provide prevention measures and instruction, and protect workers' health. The RLS is the worker safety representative. The Sezione Ispettorato del Lavoro and the Dipartimento Prevenzione supervise relevant duties, while the Istituto per la Sicurezza Sociale, or ISS, administers social insurance and related sickness, work-injury, FONDISS and Cassa Ammortizzatori Sociali functions. Employment protection includes paid leave, weekly and public-holiday rest, sickness and work-injury protection, maternity and parental protection, Christmas gratification and seniority compensation under the applicable law, CCL and ISS rules. Unemployment and mobility support are governed mainly by Legge n. 73/2010. Access to benefits can be linked to availability for work, training and a Patto di Servizio. Workers may join unions, bargain collectively and strike. Recognized unions include CSdL, CDLS and USL. The Commissione per il Lavoro is tripartite, with representatives of the labor ministry, three employee representatives and three employer representatives; the Servizio Minori participates where youth employment is concerned. CCLs and collective agreements are available by sector and for public employment. Employers and employees also have duties arising from the contract and CCL. These include payment and social contributions, safety, working-time records, work performance, care, compliance with lawful instructions, confidentiality and restrictions on competition. Disciplinary action above a verbal warning requires a written statement of the alleged conduct. The employee has at least five days to respond and may obtain union assistance. The employer must issue the sanction within six days after the response; otherwise the justification is treated as accepted. A disciplinary sanction cannot normally be relied on after two years. An indefinite contract may be terminated only for giusta causa or giustificato motivo. The written notice must state the reason. A dismissal without a lawful reason is invalid, and dismissal based on political or religious beliefs, freedom of expression, union membership or union activity is prohibited. The employer bears the burden of proof. A worker can challenge the dismissal or request conciliation within 15 days through the Direzione or Ufficio del Lavoro. The parties should seek agreement within 10 days, followed generally by a further 15-day period for the decision. An appeal goes to the Commissario della Legge acting as Magistrato del Lavoro and is handled summarily without a further appeal. If the dismissal is void, reinstatement can be ordered within three days together with outstanding pay. Indennità di anzianità is due when employment ends. Collective redundancies require advance notice to the Dicastero del Lavoro and the unions. Negotiations last 10 days. If no agreement is reached, the State convenes the parties within eight days after the 25-day procedure period. Selection considers seniority, duties or qualifications and family responsibilities. A worker may have priority for re-employment in the same function for one year; some seasonal work is excluded. Individual and collective labor disputes can be brought to the Commissione Permanente Conciliativa. An appeal against its decision generally must be filed with the Commissario della Legge or Magistrato del Lavoro within 15 days. Employment records and proceedings under the relevant labor rules are generally free of charge in 2026. Ufficio per il Lavoro certificates cost EUR 30 in paper form and EUR 15 electronically. The applicable CCL, the employment contract, the busta paga, LABOR records and communications from the Ufficio per il Lavoro provide the starting documents for checking rights and duties.