The labour laws in San Marino are based on collective labour contracts and specific laws, often referred to by the same aforementioned contracts, the most important of which are:
1) Law to protect labour and workers and law to protect trade union activity. The protection law was issued in 1961 and governs the following aspects:
a) trade union associations
b) labour disputes
c) labour contracts
d) working conditions
e) termination of labour relations
f) social security and assistance
g) employment exchange
h) labour inspectorate
On the other hand, Law no. 23 dated 11th March 1981 governs the protection of trade union activities, granting workers’ trade union associations the right to set up corporate trade union organisations with the faculty of guaranteeing compliance with and application of collective labour agreements, handling corporate agreements, trying to settle individual labour disputes and assessing working conditions, even intervening with suggestions aimed at changing the same.
The same law governs paid trade union permits and the concession of a minimum of 5 paid hours a year for meetings.
2) Law no. 40 dated 25th May 1981 and subsequent modifications regarding equality between men and women in the workplace forbids any form of discrimination based on gender. It also governs maternity leave, which can be granted to a working father instead of a working mother.
3) Law on employment exchanges. Acknowledges the public function of placement in employment exercised by the Employment Exchange Section of the Labour Office. Anyone wishing to be recruited as an employee has to register on the placement in employment lists, within which specific classifications will then be formed. Placement in employment is confirmed via written communication (authorisation) issued to the employer and the worker by the Labour Office.
COLLECTIVE LABOUR AGREEMENT
Employment relationships are governed by specific laws and by the labour agreement that in San Marino is legally binding. Article 8 of Law no. 7 dated 17th February 1961 "Law for the protection of labour and workers” establishes that labour agreements drawn up between the registered workers’ trade unions and the registered employers’ trade unions are legally binding.
Currently existing contracts in the private sector are those regarding:
They are renewed ordinarily every three years and consist in:
• An information part
• A part regarding trade union rights
• A part regarding contract laws
• A part regarding contract attachments
• A part regarding legislative attachments
REGULATION OF EMPLOYMENT RELATIONSHIPS
In general, it can be said that an employment relationship begins with the recruitment of the employee whose request must come from the Labour Office, which is the organisation in charge of issuing the relevant authorisation.
Disciplinary measures are provided for that can be summarized as:
a) verbal warning
d) suspension from work up to a maximum of 3 days
f) instant dismissal
This latter measure can only be applied following an extremely serious offence by the employee.
The law also provides for administrative sanctions for employers who recruit salaried employees illegally.
With the exception of the public administration sector, the commercial sector and some artisan sectors, working hours amount to 37.5 hours a week. Annual holidays provided for by the contract amount to 176 hours.
Overtime is permitted up to a maximum of 145 individual hours and any excess of this ceiling can be only be agreed with the trade union organisations and sector categories.
Part-time work is executed for fewer hours than established in the contract. In any case, for purely social security purposes, part-time work cannot be less than 4 hours a day, 18 hours a week or 78 hours a month. Finally, note that part-time work is not compatible with overtime.