In San Marino, dismissal must be based on either "just cause" or a "justified subjective reason". Just cause involves severe misconduct or behavior on the part of the employee, such as serious breach of contract, theft or fraud, violence or harassment, repeated unjustified absences, or insubordination. Justified subjective reason covers cases where the dismissal is based on factors related to the company's needs, such as economic reasons, technological changes rendering the position obsolete, or the employee's continued inability to perform their job duties adequately. Employers must provide a written explanation outlining the specific grounds for termination.

Notice Requirements

Both employers and employees in San Marino are obligated to provide notice before terminating an employment contract. The mandated notice periods vary based on the employee's classification and length of service. Notice periods for employees are generally shorter than an employer's obligation. The specific timeframe will be outlined in the employment contract or relevant collective bargaining agreements. Notice periods for employers are longer than employee notice periods and determined by the employee's length of service and their classification. Refer to the relevant collective bargaining agreements or San Marino's labor laws for precise details.

Severance Pay

Employees in San Marino may be eligible for severance pay (also known as an end-of-service indemnity or "TFR") in cases of termination, unless the dismissal is for just cause. The entitlement to severance pay and the calculation methods are complex and governed by specific labor laws and collective bargaining agreements.

Key Factors Affecting Severance Pay

The length of service, reason for termination, and collective bargaining agreements are key factors affecting severance pay. Employees typically must have been employed for a minimum of one year to become eligible. The amount of severance pay increases alongside years of service. Severance pay is generally required when termination is due to redundancy, restructuring, or factors outside the employee's control. Some agreements may provide for more generous severance packages than legally mandated.

The Republic of San Marino is committed to upholding the principles of equality and non-discrimination. The Constitution of San Marino guarantees fundamental rights and freedoms for all, enshrining the principle of non-discrimination. Law No. 48 of 2018, also known as the Discrimination Act, is the primary law prohibiting discrimination in San Marino. This law expands protected characteristics and ensures broader protections in various sectors.

Protected Characteristics

San Marino's anti-discrimination laws cover a wide range of protected characteristics. These include race, color, sex, gender identity, sexual orientation, ethnic origin, nationality, religion or belief, disability, age, political opinions, and personal, economic, or social status.

Redress Mechanisms

Individuals who experience discrimination have several options available for redress. They can lodge a complaint to the Equal Opportunities Commission, an independent public body that plays a vital role in enforcing anti-discrimination law. The Commission has the authority to investigate complaints, mediate disputes, and provide remedies. Employees can also file claims for work-related discrimination at the Labor Tribunals. For cases of discrimination occurring outside the workplace, complaints can be taken to civil courts where remedies may include compensation or injunctions.

Employer Responsibilities

Employers in San Marino have a significant role in preventing and addressing discrimination. They are required to develop and implement clear equal opportunity policies, outlining their commitment to preventing discrimination and harassment. Employers must also provide all staff with training on anti-discrimination laws and workplace inclusivity. They must establish internal complaint procedures for employees to report incidences of discrimination. Investigations must be carried out promptly, fairly, and confidentially. Furthermore, employers are legally obligated to make reasonable accommodations for employees with disabilities.

San Marino, a small republic nestled within Italy, offers a distinct work environment. Understanding the standards for working conditions is crucial for both employers and employees.

Work Hours

San Marino follows a standard workweek structure, Monday to Friday, with reasonable working hours. Specific regulations aren't readily available online, but sources suggest a typical workweek falls within the 40-hour range.

Rest Periods

Information regarding mandated rest periods within the workday is limited. However, the emphasis on work-life balance in San Marino suggests breaks are likely incorporated into the workday schedule.

Ergonomic Requirements

There's a lack of easily accessible information on specific ergonomic requirements mandated by law in San Marino. Nonetheless, San Marino is a member state of the International Labour Organization (ILO) and has ratified several ILO conventions, including the Violence and Harassment Convention, 2019 (No. 190). This indicates a commitment to creating a safe and healthy work environment, which likely extends to ergonomic considerations.

San Marino prioritizes worker well-being through a comprehensive framework of health and safety regulations. These regulations outline employer obligations, employee rights, and the enforcement mechanisms to ensure a safe work environment.

Employer Obligations

San Marino's Law No. 31 of 1998, alongside subsequent implementing decrees, establishes the foundation for workplace safety. Aligned with the Single Law on health and safety at work (Decree-Law of 9 April 2008), employers hold significant responsibilities:

• Risk Assessment and Management: Employers must conduct thorough risk assessments to identify and mitigate potential hazards in the workplace.
• Workplace Safety Measures: Following risk assessments, employers are obligated to implement appropriate safety measures like providing personal protective equipment (PPE) and ensuring proper ventilation.
• Employee Training and Information: Employers must provide employees with adequate training on safety procedures, hazard awareness, and emergency protocols.
• Accident Reporting and Investigation: Employers are required to report work-related accidents and illnesses to the relevant authorities and conduct investigations to prevent future occurrences.

Employee Rights

Employees in San Marino are empowered by health and safety regulations to ensure their well-being at work. These rights include:

• Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Information and Training: Employees have the right to receive information and training on safety procedures and potential hazards in their workplace.
• Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe or poses a risk to their health. They must, however, communicate their concerns to the employer following established procedures.
• Reporting Safety Issues: Employees have the right to report any safety concerns or violations of regulations to their employer or the relevant authorities.

Enforcement Agencies

The Secretariat of State for Health and Social Security is the primary government body responsible for occupational health and safety in San Marino. This department enforces regulations, conducts workplace inspections, and investigates accidents.