by OpenBox | 20-05-2024
Depending on the seriousness of the infraction, failure by the worker to comply with the provisions of this contract may result in the application of the following measures:
a) verbal reprimand;
b) written reprimand;
c) fine not exceeding three hours’ pay calculated on the minimum standard wage;
d) suspension from work and pay up to a maximum of three days;
e) dismissal for misconduct pursuant to Article 48.
The employer may not take any disciplinary action against the worker without first notifying them of the charge and hearing their defence.
Except in the case of a verbal warning, the objection must be made in writing and dis- ciplinary measures may not be taken until five days have elapsed, during which the worker may present their justifications.
If no action is taken within 15 working days of such justifications, they shall be deemed to have been accepted.
The worker may also present their justifications verbally, with the possible assistance of a representative of the trade union association they belong to, or a member of the uni- tary union representative body.
If within 5 days of the dispute the worker formally declares that they intend to avail themself of the assistance of a trade union representative, any meeting between the work- er and the trade union representative with the company must be held within the peremp- tory term of 30 days from the dispute, in the province or municipality where the relevant job contract (which the worker is assigned to) is located, after which the justifications may only be submitted in writing, within the following 3 days.
This term lapses if the meeting cannot be held for reasons attributable to the employer.
The adoption of the measure must be justified and communicated in writing.
The disciplinary measures referred to above in points b), c) and d) may be challenged by the worker before the trade union, in accordance with the contractual rules on disputes. The dismissal for misconduct referred to in points A) and B) of Article 48 may be challenged according to the procedures envisaged in Article 7 of Italian Law no. 604/1966, confirmed by Article 18 of Italian Law no. 300/1970.
The disciplinary measures will not be taken into account for any purpose two years after their adoption.
by OpenBox | 20-05-2024
A driver whose licence to drive a motor vehicle is withdrawn by the Authority for reasons not entailing summary dismissal shall be entitled to keep their job for a period of six months without receiving any pay.
During this period the driver may be assigned to other tasks, in which case they will receive the pay of the level corresponding to the duties carried out.
In companies employing more than 20 people, in addition to the above-mentioned job preservation, the company must assign the driver to any other work, paying them the remuneration appropriate to the level of the tasks assigned.
Should the withdrawal of the licence extend beyond the aforementioned term or should the driver not agree to do the work assigned by the company, the employment relationship shall be terminated.
In this case, the driver will be paid the severance pay referred to in Article 55 according to the salary received at the level the employee belonged to before the withdrawal of the licence.
by OpenBox | 20-05-2024
Military service (call-up or call to arms) does not terminate the employment relationship and the time spent in service for the purposes of seniority pay only – except for workers in their trial period – is deemed to have been spent working in the company.
Upon completion of the military service, the worker must report to the company within 30 days to resume work. If they do not report within that period, they will be considered to have resigned.
The above unless otherwise provided by special laws more favourable to the worker.
The rules set out in this Article also apply to workers doing civil service, in accordance with the relevant laws in force.
by OpenBox | 20-05-2024
A worker who has been with the company for 12 months is entitled to a period of paid holiday each year:
- equal to 22 working days in the case of weekly work spread over 5 days (short week);
- equal to 26 days in the case of weekly work spread over 6 days.
In the event of dismissal for any reason or resignation, the worker, if they have accrued the right to a full holiday, will be entitled to compensation for the holiday.
If the worker has not accrued the right to a full holiday, they shall be entitled to as many twelfths of the holiday as there are full months of time in the company.
Fractions of a month not exceeding 15 days will not be calculated, whereas they will be considered as a full month if they exceed 15 days.
A worker who at the time of the holiday has not yet accrued the right to the entire holiday period because they have not yet had at least 12 consecutive months of work in the company shall be entitled to 1/12 of the holiday for each month of work.
In the case of a collective holiday, a worker who has not accrued the right to a full holiday shall be entitled to take as many twelfths as the number of months of time in the company.
In the event of national or midweek holidays falling during the holiday period, this period will be extended by the number of such holidays.
The notice period cannot be considered a holiday period.
The period for taking holidays will be determined based on the needs of the work, by mutual agreement between the parties, at the same time by department, stage or individually.
However, the company will ensure that the worker has two weeks’ holiday in each calendar year (1 January – 31 December) in the period from 1 June to 30 September.
The rule in the preceding paragraph does not apply to pest and rodent control companies.
Payment for the holiday period must be made in advance.
Given the hygienic and social purpose of holidays, no express or tacit waiver of them nor their replacement with compensation of any kind is allowed. A worker who despite being allocated holidays does not take them of their own free shall not entitled to any compensation or recovery in subsequent years.
This without prejudice to any more favourable terms.
With effect from 1 January 1986, working hours are reduced by 40 hours per year, normally through the recognition of corresponding rest days or in a manner to be defined by the company, taking into account technical, production and organisational requirements.
These reductions absorb any reductions granted at the company level.
