In order to meet needs related to changes in the intensity of work, working hours may also be averaged over the year with a maximum of 45 hours per week and 10 hours per day and a minimum of 35 hours per week.
Deviations from the programme and the reasons for them will be brought to the attention of the unitary union representative body and, if not yet constituted, the company union representatives.
In such cases, work in excess of normal working hours, both daily and weekly, will not give rise to extra hour/overtime compensation up to the amount of the hours to be compensated.
Within the framework of the aforementioned flexibilities, the workers concerned will receive the remuneration related to their normal contractual working hours both in periods of extra and reduced hours.
Each worker may place the hours worked in excess of the 45th hour in an “individual hour bank”, which, at the request of the person concerned, will be recovered in the form of compensatory rest, without prejudice to the relevant increases which will be paid with the salary pertaining to the month following the month in which such work was done.
In order to implement the accumulation of hours, the worker must declare in advance, by January of each year, in writing, their willingness to recover the hours held in the bank. In this case, the time off referred to in the preceding paragraph may be taken within six months following the month in which the work was performed, provided that the person concerned requests it with at least five days’ notice, that no more than 3% of personnel is absent for the same reason at the same time, and that no objective and proven business needs relating to the infungibility of the tasks performed preclude it at that time.
If the notice period is not observed, the requested hours of rest will be granted based on company needs.
If exceptionally and due to technical and production requirements it is impossible to recover the accumulated hours with compensatory rest within 12 months, the corresponding amount will be paid to the worker concerned based on the hourly wage in force on that date.
It is understood that in the event of a change of job contract, any unused compensatory rest hours will be paid.
With regard to the organisation of working hours on a multi-period basis for cleaning services in industrial plants, any existing better conditions shall not be affected.
Should the need arise within the company to activate the institution of the Hour Bank for needs other than those identified above, the company shall meet with the unitary union representative body and, where not yet constituted, the company union representatives together with the trade unions stipulating this CCNL, or with the trade unions stipulating this CCNL, to define specific company agreements in this regard. In any case, such agreements shall be established in full compliance with the purposes and contents set forth in this Article. Any use by part-time workers of the hour bank as defined by the agreements referred to in this paragraph must be by explicit voluntary participation.