by OpenBox | 17-05-2024
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.
by OpenBox | 17-05-2024
For the duration of the working hours reference is made to the law and the relevant exceptions and waivers.
The contractual working time is 40 hours per week, subject to the provisions of Articles 32 and 33 below.
According to Article 4, paragraph 4, of Italian Legislative Decree no. 66/2003, the average weekly working time, including overtime, is calculated with respect to a period not exceeding six months.
This period may be increased up to 12 months by second-level agreements according to needs related to changes in the intensity of work as well as to technical, production and sectoral organisational requirements.
With regard to the multi-period schedule referred to in Article 31 of the CCNL, the reference period is in any case 12 months.
The work is spread over five consecutive working days.
The 2 days of rest must include Sundays, except in the case of work in the public utility sector and those of continuous operations.
As an exception to the above, for technical or production or organisational needs, without prejudice to Sunday rest, the other day of rest may be taken during the week.
The implementation of the above and the scheduling of rest periods will take place after discussion between the parties and will be brought to the attention of the workers concerned at least 15 days in advance or in any case well in advance.
With the company union representatives, or with the unitary union representative body, assisted by the regional trade union organisations, a distribution over 6 days may be agreed to based on company needs.
In the case of work on the sixth day, hourly global remuneration will be paid for the hours worked with a 25% surcharge, calculated on base pay. As from the entry into force of this CCNL, in the second-level agreements signed pursuant to Article 3 of this CCNL the stipulating parties may agree not to apply this increase if the work on the sixth day is established in implementation of a structural increase of the individual contractual working hours agreed to by the parties that is higher than the contractual minimum referred to in Article 33 of this CCNL. This will cease to apply in the event of a subsequent reduction in the agreed working hours.
The daily distribution of working hours may be divided into no more than two fractions.
According to Article 7 of Italian Legislative Decree no. 66/2003, the 11-hour daily rest period must be taken consecutively, except for activities characterised by two fractions of work during the day. In any case, a daily rest period of at least eight consecutive hours will be guaranteed. What is agreed in this paragraph is established in implementation of Article 17, paragraph 4, of Italian Legislative Decree no. 66/2003.
Without prejudice to the situations in force, with effect from 2 May 1980 it is no longer possible to agree to a third daily shift pursuant to Article 22, paragraph 8 of the CCNL of 13 December 1977.
Hours worked in excess of 40 hours per week will be compensated with a 25% surcharge calculated on base pay.
The percentage increases referred to in paragraphs 11 and 14 (work on the sixth day of the week and extended working hours) are not cumulative (in the sense that the higher excludes the lower) and are also not cumulative with the increases envisaged in Article 38 below (overtime, night work, work on holidays).
Working hours are counted from the time set in advance by the company for the start of work.
If the worker, having arrived at the time set in advance for the beginning of the day’s work, is not put to work or is required to work for less than the time scheduled in advance, they shall be entitled to the remuneration they would have received if they had worked as planned.
During the day and during off-peak hours, the worker is entitled to at least one hour’s unpaid break to eat a meal.
When scheduling work or rest shifts of personnel with the same qualifications, the company shall ensure that, consistent with the company’s needs, they are coordinated in such a way that Sundays and night hours are equally distributed among the personnel, guaranteeing each 24 hours of uninterrupted rest per week in addition to their daily rest.
Working hours and shifts must be arranged by the company so that the personnel are aware of them in good time.
In the case of shift work, the staff of the shift being terminated may not leave work until they have been replaced by the personnel of the next shift, within a two-hour limit.
Time spent at the company’s disposal waiting to work – for travelling from one place of work to another even when they are the usual workplaces, and for any inactivity during working hours due to company needs – is included in the actual working hours as work and remunerated as such.
Travel expenses incurred by the worker in the course of their daily work – including those arising from travelling from one place of work to another, even if they are included in their regular workplaces – are reimbursed by the company. Travel expenses that the worker incurs to reach their place of work, to start their daily work, and to return home are excluded from reimbursement.
The time the worker takes to move from one place to another between the beginning and the end of work shall be considered to be work for all purposes.
by OpenBox | 17-05-2024
A worker may not be transferred from one place of work to another except for justified technical, organisational and production reasons.
The transferred worker retains the remuneration previously enjoyed, with the exception of those allowances and skills which are related to local conditions and particular services at the original workplace and which do not apply in the new destination.
A worker who does not accept the transfer shall be entitled to severance pay and notice, except in the case of level 6 and 7 workers if at the time of hiring the right of the company to arrange for the transfer of the worker was expressly agreed to or this right results from the de facto situation of workers currently employed, in which case the worker who does not accept the transfer shall be considered to have resigned.
A worker who is transferred will be reimbursed for travel and transport costs for them self, family members and family effects (furniture, luggage, etc.).
The methods and terms must be agreed to in advance with the company.
The allowance is also payable at the rate of 1/3 of the monthly global salary to a single worker without cohabiting dependants, and at the rate of 2/3 of the monthly global salary, plus 1/15 thereof for each dependent family member who moves with them, to a worker with a family.
If as a result of the transfer the worker has to pay compensation for early termination of a rental contract, duly registered or reported to the employer prior to the notification of the transfer, they will be entitled to reimbursement of this compensation up to a maximum of four months’ rent.
The transfer measure must be communicated to the worker in writing with one month’s notice.
A worker who requests a transfer is not entitled to the above allowances
by OpenBox | 17-05-2024
Measures to permanently change the usual workplace(s) within the municipality may only be taken for technical, organisational and production reasons and must be communicated to the worker concerned and at the same time to the unitary union representative body, or, if not yet constituted, to the company union representatives.
by OpenBox | 17-05-2024
The company may send the worker away from their usual workplace for work needs. In such cases, the worker retains the pay for their place of work and will be entitled to:
- reimbursement of actual travel expenses corresponding to normal means of transport;
- reimbursement of the costs of board and/or lodging when the duration of the trip requires the worker to deal with such expenses;
- reimbursement of other out-of-pocket expenses necessary for the trip.
The same treatment applies to a worker called as a witness in civil and criminal cases for work-related reasons.
