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Italy: why confirm a former employee's job?

When a contract ends, every Italian employer already certifies how long the person worked for it and in which duties (Civil Code, art. 2124). Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.

Law as of 26 October 2026 · Codice civile (Royal Decree No. 262 of 16 March 1942), art. 2124, and Law No. 300 of 20 May 1970 (Statuto dei lavoratori), art. 8, texts in force on Normattiva on 26 October 2026

In short

  • The facts are already on paper. When the contract ends, whatever the cause, the employer must issue a certificate stating how long the worker was employed and the duties performed (Civil Code, art. 2124). Those are the facts we ask about.
  • It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
  • certo asks on their behalf, with their explicit consent. The GDPR, which applies directly in Italy, lets you disclose personal data with the person's consent (Art. 6(1)(a)). The person started this check themselves, for these facts and no others.
  • You do not have to answer. No Italian law obliges an employer to answer certo. Declining is fine.

The Civil Code and the Workers' Statute

Quoted from the texts in force on Normattiva, the official portal of Italian legislation.

Civil Code, art. 2124: the certificate of employment

Se non è obbligatorio il libretto di lavoro, all'atto della cessazione del contratto, qualunque ne sia la causa, l'imprenditore deve rilasciare un certificato con l'indicazione del tempo durante il quale il prestatore di lavoro è stato occupato alle sue dipendenze e delle mansioni esercitate.

In English: where a work booklet is not compulsory, when the contract ends, whatever the cause, the employer must issue a certificate stating how long the worker was employed by it and the duties performed. These are the facts we ask about, so your records already hold them.

Workers' Statute (Law No. 300/1970), art. 8: what is never asked

È fatto divieto al datore di lavoro, ai fini dell'assunzione, come nel corso dello svolgimento del rapporto di lavoro, di effettuare indagini, anche a mezzo di terzi, sulle opinioni politiche, religiose o sindacali del lavoratore, nonché su fatti non rilevanti ai fini della valutazione dell'attitudine professionale del lavoratore.

In English: an employer may not, when hiring or during the employment, investigate, even through third parties, a worker's political, religious or trade union opinions, or facts not relevant to assessing the worker's professional aptitude. certo asks nothing of that kind: no opinion, no performance, no pay, no reason for leaving, nothing about health, family or a criminal record.

The Personal Data Protection Code keeps this rule in force, together with the longer list that binds employment agencies and other authorised intermediaries (Legislative Decree No. 196/2003, art. 113, referring to Legislative Decree No. 276/2003, art. 10).

We found no provision of the Civil Code or the Workers' Statute that sets what else a former employer may say about an employee. The GDPR governs it, below.

Personal data

The GDPR applies directly in Italy; the Personal Data Protection Code (Legislative Decree No. 196/2003, as amended by Legislative Decree No. 101/2018) supplements it.

  • Art. 6(1)(a), consent. The legal basis for your answer. The person's request names your organisation and the exact facts.
  • Art. 7(1), proof of consent. certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.
  • Art. 5(1)(c), data minimisation. You confirm or leave unticked only the facts listed. Add nothing else: anything beyond them is not covered by the person's consent.

What this means for your answer

  • Tick only what your HR, payroll or personnel records show.
  • Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
  • Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.

Sources

This page is not legal advice. It reflects the law as it stood on 26 October 2026.