Article 41 – Public holidays

by OpenBox | 20-05-2024

The following are to be considered public holidays:

a) all Sundays, or the days of compensatory rest referred to in Art. 40 (weekly rest); in the case of a short week, the 2nd day of rest is considered a holiday;

b) the public holidays of 25 April, 1 May and 2 June, as laid down by current law, without prejudice to any replacements or additions that may be made as a result of general provisions;

c) the following holidays:

1. New Year’s Day (1 January);
2. Epiphany (6 January);
3. Easter (varies);
4. Easter Monday (varies);
5. Assumption (15 August);
6. All Saints’ Day (1 November);
7. Immaculate Conception (8 December);
8. Christmas (25 December);
9. Boxing Day (26 December);
10. Patron Saint’s Day of the city where the worker works (for the municipality of Rome, Saints Peter and Paul, 29 June).

In those places where the patron saint’s day coincides with other holidays under let- ters b) and c), the regional associations shall establish a holiday in lieu of the patron saint’s day, so that the number of holidays under letters b) and c) remains unchanged.

If the holidays referred to in letters b) and c) fall on a weekly rest day (Art. 40), an amount equal to the daily portions of the elements of the monthly global remuneration payable shall be due in addition to the normal remuneration.

ABOLISHED HOLIDAYS ITALIAN LAW no. 54 of 5 March 1977.

As regards the civil holiday (4 November) whose celebration takes place on the first Sunday in November, the employee will benefit from the treatment provided for holidays coinciding with Sundays, it being understood that no additional remuneration is due in the case of work performed on the calendar day of 4 November.

If the company arranges to work on the four religious holidays that have been abol- ished, the worker who works on these days is not entitled to any additional remuneration over and above the normal monthly salary and will instead be granted compensatory leave with pay for as many days worked on said religious holidays.

The above leave cannot be combined with the holiday period and shall be granted in accordance with work needs, bearing in mind the worker’s leave, and must be used with- in the year in which it is granted. If the worker does not use the above mentioned leave within the above-mentioned terms, they shall be entitled to as many daily quotas of the monthly global remuneration as the number of days worked on former religious holidays.

If the four religious holidays fall in the holiday period, a corresponding extension of the holiday period will be made.

If the four religious holidays coincide with the weekly rest period referred to in Article 40, the worker shall not be granted compensatory leave, but shall benefit from the treat- ment provided for in paragraph 3 of this Article.

The treatment of all holidays not worked referred to in this Article is included in the monthly salary.

If social security institutions pay a holiday allowance under this Article to workers absent due to illness, accident, pregnancy or childbirth, the company shall only pay the difference between such sum and the full holiday remuneration.

STATEMENT FOR THE RECORD

For workers of companies operating in the municipality of Rome, if, in addition to the day of Saints Peter and Paul an additional day off is given for the patron saint’s day, the number of leaves referred to in paragraphs 5, 6 and 7 of this Article shall be reduced to 3.

Article 40 – Weekly rest

by OpenBox | 20-05-2024

The weekly rest period must normally fall on a Sunday, subject to statutory exceptions.

For workers allowed to work on Sundays with compensatory rest on another day of the week, Sunday will be considered a working day while the day set aside for compensatory rest will be considered a holiday for all purposes.

If due to work requirements the day of compensatory rest has to be moved to another day of the week, not envisaged in the work schedule predetermined at least 6 days in advance – provided that such a move does not lead to exceeding the limit of 6 days of uninterrupted work – the worker shall be entitled to an allowance equal to 7% of the base pay of a working day.

For workers who work over five working days, the second day of rest is considered to be the weekly rest day.

With regard to the provisions of Article 9 of Italian Legislative Decree no. 66/2003, every seven days the worker is entitled to a rest period of at least 24 consecutive hours, normally coinciding with Sunday, to be summed with the daily rest hours referred to in Article 30, paragraph 9, of this CCNL.

This consecutive rest period is calculated as an average over a period not exceeding 14 days.

Any work done on rest days shall be paid the rate of holiday overtime.

Within the framework of the system of industrial relations set forth in this CCNL, information shall be provided to the stipulating regional trade union organisations on the possible use of this provision.

Article 39 – Night work

by OpenBox | 20-05-2024

For pay purposes only, night work is considered to be work between 10 pm and 6 am. “Night work” for legal purposes is considered to be work that is actually performed between 10 pm and 5 am in relation to the case formulated in Article 1, paragraph 2, letter of Italian Legislative Decree no. 66/2003.

For legal purposes, a worker is considered to be a “night worker” if:

• during their daily schedule at least three hours of their working hours normally fall within the period between 10 pm and 5 am. Temporary addition to a night schedule as specified herein is considered an “exceptional assignment” and therefore does not lead to the classification as a “night worker”;
• with regard to their total annual working hours, they normally work at least three hours during the period between 10 pm and 5 am for a minimum of 80 working days per year, to be re-proportioned for vertical and mixed part-time work pursuant to Article 1, paragraph 2, letter e) of Italian Legislative Decree no. 66/2003.

Night work is not considered such within the meaning of Italian Legislative Decree no. 66/2003 but does entitle the worker to the increases envisaged by the CCNL in force if performed in connection with the following exceptional cases:

a) holiday caused by sudden resignation of an employee;

b) need for replacement caused by short-term absence of staff due to illness, injury and/ or force majeure;

c) the need to replace personnel for short periods (holidays, paid and unpaid leave of any kind);

d) for the execution of urgent and exceptional works of a short duration.

Night work is given absolute priority to workers who request it, taking into account the organisational needs of the company.

Pursuant to Article 13, paragraph 1, of Italian Legislative Decree no. 66/2003, in the event of the adoption of a multi-week schedule, the period on which to calculate the limit of 8 hours in a 24-hour period in the absence of a specific rule at the company level is defined as an average on a quarterly basis.

Pursuant to Article 15 of Italian Legislative Decree no. 66/2003, which guarantees the transfer from night work to day work, it is provided that in the event of unfitness for night work sanctioned by the company physician and in the absence of solutions within the same level, the worker may be transferred to duties at a lower level in order to facilitate solutions aimed at protecting employment.

For the purposes of the provisions of Article 13, paragraph 2, of Italian Legislative Decree no. 66/2003, the provisions of the previous CCNL remain in place.

The introduction of night work is preceded by consultation with the unitary union representative bodies, or, if they have not been constituted, the company union representatives, or, if they have not been constituted, the regional trade unions. The consultation is carried out and concluded within ten days of the employer’s notification.

Article 38 – Overtime, night and holiday work

by OpenBox | 20-05-2024

If special work needs so require, the employee must work beyond the normal working hours both during the day and at night unless there is a justified individual reason for inability to do so.

The company may not request an extension of working hours and overtime work in excess of 150 hours per year.

Overtime work is considered as work ordered by the company and performed beyond the normal working hours referred to in Article 30, and gives rise to compensation, without prejudice to the provisions of Article 31.

Overtime should be paid in hourly portions of the monthly global remuneration. 

Overtime work and work performed on public holidays and at night must be compensated at the following rates:

The above percentages will be calculated on the hourly rate of basic pay at the time they are paid.

The aforementioned percentage increases are not cumulative, in the sense that the higher values absorb lower values.

For the purposes of the above, night work is defined as work between 10 pm and 6 am.

In the case of continuous night work alone, the relevant increase must be calculated for the following contractual items:

a) holidays;

b) festivities;

c) 13th month;

d) 14th month;

e) employee severance indemnity;

f) indemnity in lieu of notice;

g) illness and injury.

For white-collar workers, any better conditions remain in place.

Article 37 – Leave for students workers

by OpenBox | 17-05-2024

Workers who are students enrolled in and attending regular courses of study at primary, secondary and vocational training schools, whether state-run or officially or legally recognised, or in any case authorised to issue legal qualifications, are entitled to paid leave at the rate of:

• 2 days for each university examination; 
• 5 days for a primary school leaving certificate; 
• 8 days for a middle school diploma; 
• 10 days for a high school diploma.