San Marino (SM)
A compact, high-income microstate entirely surrounded by Italy, known for low taxes, strong public administration, hilltop heritage, cross-border dependence on Italy and a small but rules-heavy residence system.
Employment Rights
Sick leave, dismissal protection and red flags in San Marino.
San Marino employment law is governed by the Labour Relations Law (Legge n. 46) and sector-specific Collective Labour Agreements (CCNL — Contratti Collettivi Nazionali di Lavoro). San Marino has a close treaty relationship with Italy but is a fully independent republic with its own labour law. Key features: no statutory national minimum wage — minimum salaries are set by CCNL per sector (typically EUR 1,600–1,728/month gross for most sectors in 2026); 37.5-hour standard workweek (7.5 hours/day); mandatory 13th-month salary (tredicesima) paid in December; ISS (Istituto per la Sicurezza Sociale — iss.sm) provides healthcare, sick pay, and pension. Foreign workers require a work permit (autorizzazione al lavoro) from the Secretary of State for Labour before commencing employment. San Marino uses the euro (EUR) and is in a monetary and customs union with Italy.
Sick leave
Rules: Medical certificate (certificato medico) from a licensed San Marinese or Italian doctor is required from day 1 of sick absence. The certificate must be submitted to the employer and ISS. ISS pays sickness benefit from day 1 of certified incapacity at approximately 50% of average salary for the first 3 days, then 66% from day 4. The collective agreement for the sector may provide higher employer top-up. Duration: ISS sickness benefit continues for the period of medically certified incapacity up to the limits specified by ISS regulations.
Doctor note: Day 1 — obtain a medical certificate from a licensed doctor (Titoli Medici iscritto all'ordine) on the first day of absence. The doctor issues the certificate and submits it electronically to ISS. Notify your employer on day 1.
Employer pay: ISS pays the statutory sickness benefit (50% first 3 days, 66% from day 4). Most CCNL collective agreements require the employer to top up to 100% of salary for the duration of sick leave (especially for blue and white-collar workers). Check your specific CCNL for the top-up obligation in your sector.
Long-term: For extended incapacity: ISS assesses for disability pension (pensione di invalidità). ISS disability pension is available to contributing workers assessed as having a significant reduction in working capacity. Foreign workers with ISS contributions have the same entitlement as San Marinese citizens.
Dismissal protection
Law: Labour Relations Law (Legge n. 46) and applicable CCNL regulate dismissal. Dismissal requires a legitimate cause (giustificato motivo) or just cause (giusta causa — serious misconduct). Procedural requirements: written notice stating grounds; opportunity for employee to respond. Wrongful dismissal (licenziamento illegittimo): reinstatement or indemnity compensation. For redundancy (licenziamento per riduzione del personale): separate procedure involving the Secretary of State for Labour, trade unions, and a redundancy fund (Fondo di Solidarietà). Protected categories: pregnant employees cannot be dismissed during pregnancy and for 1 year post-birth.
Deadline to sue: File a claim at the Labour Arbitration College (Collegio Arbitrale) or the San Marino Tribunal (Tribunale della Repubblica di San Marino) within 60 days of receiving the dismissal notice. Seek advice from a San Marinese labour lawyer or the trade unions (CSU — Confederazione Sammarinese del Lavoro) immediately. Act within the 60-day window to preserve all remedies.
Probation
Probationary periods (periodo di prova) must be stated in writing in the employment contract and are governed by the applicable CCNL. Standard probation: 3–6 months depending on the collective agreement and job category. Senior and specialist roles: up to 6 months. During probation, either party may terminate without notice or compensation. After probation, full Labour Relations Law protections apply.
Notice periods
Notice periods are governed by the applicable CCNL — typically 1–3 months depending on job category and tenure. Payment in lieu of notice (indennità sostitutiva del preavviso) is permitted. On termination, all outstanding salary, accrued leave, tredicesima, and TFR (Trattamento di Fine Rapporto — severance fund) entitlements must be settled.
Working time
Max hours: 37.5 hours per week (7.5 hours/day, 5 days) is the standard workweek. Legal maximum including overtime: 48 hours/week. Night work and shift work are subject to additional CCNL rules. Part-time arrangements are regulated by specific provisions.
Min rest: Minimum 11 consecutive hours daily rest. Weekly rest: minimum 24 consecutive hours (typically Sunday). Meal break: 30–60 minutes per shift as specified in the CCNL. San Marino has 9 national public holidays in 2026. Work on public holidays: double pay or compensatory time off per CCNL.
Overtime: Overtime (beyond 37.5h/week standard) is paid at a minimum 130% of the hourly rate (1.3× premium) under most CCNL agreements. Some CCNLs provide higher premiums for extensive overtime. Overtime must be agreed in advance and documented. Annual overtime limits are set by the applicable CCNL.
Vacation
Minimum 4 weeks (20 working days) paid annual leave per year — the standard under most CCNL agreements. Some CCNLs provide 25–30 days depending on sector and tenure. Annual leave must be taken during the year or carried forward by agreement. Unused leave at termination must be paid out. Tredicesima (13th-month salary): mandatory, paid in December, equal to 1 month's ordinary salary.
Anti-discrimination
San Marino law prohibits employment discrimination based on sex, national origin, political opinion, religion, disability, and trade union membership. The Department of Labour and ISS investigate workplace complaints. For foreign workers: equal rights under San Marinese labour law. File complaints with the Secretary of State for Labour or the trade unions (CSU, CDLS — Confederazione Democratica Lavoratori Sammarinesi). In practice, San Marino's small size means labour disputes often require legal representation and careful handling.
Contract red flags
- !Work starts before work permit (autorizzazione al lavoro) is obtained — never begin employment without a valid permit
- !Role actually performed in Italy but contracted through a San Marinese entity — verify that the work permit and ISS registration match the actual place of work
- !Net salary only quoted without gross amount and CCNL category — always obtain the gross salary, which CCNL applies, and the employer and employee social contribution percentages
- !No collective agreement (CCNL) category specified — your minimum salary, overtime rates, probation period, and notice period all depend on your CCNL classification
- !Unpaid overtime or "all-inclusive" salary that effectively pays below the CCNL minimum — calculate effective hourly rate against CCNL minimum
- !Civil-law or freelance contract (contratto a progetto or prestazione d'opera) used to conceal regular employment — ISS and Labour Department can reclassify
- !Tredicesima (13th salary, payable in December) not mentioned — this is a statutory right under all major CCNL agreements
- !Employer retains your passport or immigration documents — illegal; provide only certified copies
- !Italian-language contract summary differs from offer letter presented in another language — the Italian original is legally controlling
- !No TFR (Trattamento di Fine Rapporto) provision — TFR is the mandatory severance fund contribution (applies under most CCNL); verify inclusion
- !No ISS registration confirmation — employer must register you with ISS from the first day; verify your ISS position number
Employment Rights
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