by OpenBox | 17-05-2024
Given the changed regulatory framework on vocational and continuing education, workers hired on a permanent basis and not in a trial period who, in order to improve their education and preparation and their professional skills and knowledge also with respect to the company’s business, enrol and attend regular courses of study in primary schools of education, secondary or vocational schools, whether state-run, officially or legally recognised and in any case qualified to issue legal qualifications, have the right to take paid leave from a three-year total number of hours made available to all employees according to the provisions detailed in the following paragraphs.
The parties agree to monitor the proper application of the right envisaged in this Article. The hours of leave to be used over the three-year period can also be used in a single year. At the beginning of each three-year period, the number of hours available to workers for the exercise of the right to study will be determined by multiplying 10 hours per year by three and by the total number of employees employed in the company or production unit on that date, subject to subsequent adjustments in relation to changes in the number of employees.
Workers who may be absent from the company or the production unit at the same time to exercise their right to study shall not exceed 2% of the total workforce. In any case, production operations in each department must be guaranteed by agreement with the company trade union representatives, or with the unitary union representative body.
Paid leave may be requested for a maximum of 150 hours per person per three-year period, which may also be used in a single year, provided that the course in which the worker concerned intends to participate is held for double the number of hours requested as paid leave. To this end, the worker concerned must submit a written application to the company by the terms and in the manner to be agreed at the company level. These terms will normally not be shorter than a quarter.
If the number of applicants exceeds 1/3 of the three-year total number of hours and determines the occurrence of situations conflicting with the conditions set forth in paragraph 5, the Management and the company trade union representatives, or the unitary union representative body, shall establish the objective criteria for identifying who shall be granted leave, taking into account the requests expressed by workers concerning attendance at the courses, without prejudice to the provisions of paragraph 4 such as age, length of employment, characteristics of the courses of study, etc.
Those who meet the necessary requirements and where the objective conditions set out in the preceding paragraphs are met, will be admitted to the courses.
Workers must provide the company with a certificate of enrolment in the course and subsequently with certificates of attendance indicating the relevant hours.
Any divergences concerning compliance with the conditions specified in this article will be the subject of joint examination between Management and the company trade union representatives, or the unitary union representative body.
During course attendance, the companies will pay monthly advances that can be offset against the hours of leave taken, it being understood that the prerequisite for the payment of these hours, within the limits and under the conditions set out in paragraph 4, is regular attendance of the entire course.
by OpenBox | 17-05-2024
Except in cases of proven impediment, all absences must be reported to the company on the day they occur. In the case of evening shifts, this means 24 hours from the start of the shift.
Absences must be justified within the following 2 days, except in cases of proven impediment.
Unexcused absences may be sanctioned pursuant to Articles 47, 48 and 49 of this CCNL.
LEAVE
A worker who so requests may be granted short leave for justified reasons, with the option of not paying the corresponding salary.
A worker will be granted one day’s paid leave for the birth of a child.
A worker suffering a family bereavement due to the death of a parent, child, sibling or spouse will be granted paid leave of 3 days if the death occurred in the city where they work or in that province, and 5 days, 3 of which paid, if the death occurred outside the province.
If the death occurs during working hours, the worker shall be granted immediate leave from work with the right to full daily pay, in addition to the provisions of the preceding paragraph.
Such leave does not count towards the annual holiday period.
For anything not covered by this article, Italian Law no. 53 of 8 March 2000 shall apply.
MARRIAGE LEAVE
A worker who gets married will be granted a leave of 15 working days, with withholding of any sums paid for that period by the National Social Security Institute.
For new employees hired on or after 1 June 2001, the leave is equal to 15 calendar days.
This leave does not count towards the annual holiday period.
LEAVE PURSUANT TO ITALIAN LAW no. 104 of 5 February 1992
Provided that the disabled person is not hospitalised full-time, a worker who assists a severely disabled person, spouse, relative or relative-in-law within the second degree, or within the third degree if the parents or spouse of the severely disabled person have reached the age of 65 or are also suffering from disabling diseases or are dead or missing, is entitled to three days’ paid monthly leave covered by contributions, even continuously.
This right may not be granted to more than one worker for the care of the same severely disabled person.
In the case of care for the same severely disabled child, the right is granted to both parents, including adoptive and foster parents, who may alternate use of the benefit.
In order to reconcile the right to the monthly leave referred to in the preceding para graphs with the normal organisational and technical and productive needs of the company, the worker entitled to monthly leave shall notify the employer in writing of the schedule for their intended use on a quarterly basis if possible, or in any event at least monthly, in order to ensure that the worker’s right is reconciled with the company’s organisational needs.
For demonstrated reasons, the worker may change the date communicated by giving the employer at least two working days’ written notice, except in cases of sudden serious urgency.
Within the month in question, where there are justified technical, organisational or production needs that it communicates to the worker, the employer may defer the use of leave within such month. However, this does not apply to situations in which the worker’s reasons are proven to be absolutely imperative and urgent.
Where possible, the worker grantee of the leave referred to in the preceding paragraphs is entitled to choose the place of work closest to the domicile of the person to be cared for and may not be transferred to another workplace without their consent.
In cases of an excessive concentration of eligible workers in the same job contract such as to hinder its proper management and normal operation, the company and trade union representatives will meet at the company level in order to evaluate any possible alternative solution.
Without prejudice to the verification of any prerequisites for ascertaining disciplinary liability pursuant to Articles 46 et seq. of this CCNL, the worker grantee of the permits referred to in the preceding paragraphs shall forfeit their rights pursuant to this Article if the employer or INPS ascertains that the conditions required for the legitimate enjoyment of those rights do not exist or are no longer met.
by OpenBox | 17-05-2024
In the event of an interruption of normal work, the following treatment will be reserved for workers:
- for the hours lost but spent at the company’s disposal, global remuneration will be paid with the right for the company to assign the workers to other work;
- for the hours lost for which the workers are not kept at the company’s disposal, as they were not given notice in good time in relation to the foreseeability of the event 70% of the standard salary will be paid for the first day of suspension;
- for the hours lost for which the workers were given timely notice, no pay shall be due.
In cases of total or partial contraction of work for the causes envisaged by the laws in force on social security, the company may apply to the redundancy fund in accordance with the procedures established by the above-mentioned rules.
In the event of suspension of work for a period of more than 8 days, the worker may resign with the right to compensation in lieu of notice.
by OpenBox | 17-05-2024
Part-time work means employment on a reduced schedule compared to the hours established by this CCNL and may be performed with the types, opportunities for use and methods of employment set out below:
- horizontal, when the reduction of working hours with respect to full-time is envisaged in relation to normal daily working hours;
- vertical, when the work is scheduled to be carried out full-time, but limited to predetermined periods during the week, month or year;
- mixed, when the work is done according to a combination of the above-mentioned methods, alternating full-time days or periods with days or periods of reduced or no work.
The part-time relationship will be governed according to the following principles:
a) will of the parties;
b) reversibility of part-time to full-time work in relation to the needs of the company and when compatible with the tasks performed and/or to be performed, subject to the will of the parties;
c) applicability of the provisions of this CCNL insofar as they are compatible with the nature of the relationship;
d) possibility of modifying the structural articulation of the contractual hours upon agreement by the parties.
Part-time personnel may be hired under the specific types of contracts set out in this CCNL and in inter-confederation agreements.
The establishment of the part-time relationship will be determined between the employer and the worker and must be set out in writing, specifying the following:
- the duties, the distribution of working hours with respect to the day, week, month and year, the duration of the reduced working hours, any elastic clauses;
- the trial period for new employees.
Subject to technical and organisational requirements, the company will consider accepting requests for the transformation of employment relationships to part-time. The parties agree that in this context, companies will tend to give priority to requests to convert the employment relationship from full-time to part-time due to serious and proven health problems of the requesting party or by the proven need for continuous care of parents, spouse or cohabiting children or other cohabiting family members with no alternative means of providing care, who are seriously ill or disabled, or who are undergoing therapeutic and rehabilitation programmes for drug addicts, or to care for children up to eight years of age, or for certified participation in training programmes and/or courses.
If the employment relationship is converted from full-time to part-time, the change may also be of a predetermined duration, which as a rule will be no less than 6 months and no more than 24 months. The relevant communication to the person concerned will be provided as soon as possible and in any case within 30 days of the request. In this case, it is permitted to hire staff with a fixed-term contract, or to offer temporary increases in working hours for part-time staff who have requested it, to supplement the normal daily, weekly, monthly or annual working hours as long as the person concerned is working part-time.
The parties to a part-time contract of employment may agree on elastic clauses relating to the variation of the working hours, and for vertical or mixed part-time relationships clauses relating to the increase of the duration of working hours may also be established. The worker’s consent to the elastic clauses must be in writing even after the establishment of the employment relationship.
The employer’s exercise of the power to vary the location of work or increase its duration shall entail a notice period for the worker of no less than 48 hours.
For hours worked beyond the hours agreed to in the establishment of the part-time relationship, under an elastic clause (formerly a flexible clause) the worker is entitled to an increase of 10% of the de facto global hourly wage.
For the additional working hours required under elastic clauses beyond the agreed working hours, the worker shall be entitled to the provisions of paragraph 14 of this Article increased by a further 1.5%.
In the event of serious personal reasons or proven technical, organisational and production reasons of the company, the elastic clause may be temporarily suspended.
The written act of admission to the elastic clauses must provide for the worker’s right to terminate the agreement during the course of the part-time employment relationship in the following cases:
- proven initiation of other employment;
- health protection needs, certified by the national health service;
- needs related to maternity and paternity;
- personal needs linked to serious family reasons as referred to in Italian Law no. 53/2000;
- serious or oncological pathologies affecting the spouse, cohabiting partner within the meaning of Italian Law 76/2016, children, parents;
- cohabiting child not older than 13 years of age;
- disabled cohabiting child;
- student worker.
Such written notification must be provided with at least 30 days’ notice, except in prov en cases of necessity and urgency related to the health of the worker or family member.
As a result of the termination referred to in the preceding paragraph, the employer’s right to vary the hours of the work initially agreed to, or to increase them in application of the elastic clauses, shall cease to apply.
The employer may in turn terminate the agreement by giving at least one month’s notice.
If the worker refuses to sign the elastic clauses, this does not constitute a justified ground for dismissal or disciplinary measures.
A change in the schedule of the work does not entitle the worker to the compensation referred to in para. 9 in cases where such a change is requested by the worker concerned due to their needs or choice.
Extra hours is work performed beyond the working hours agreed to by the parties in the individual contract and within the full-time limit.
In view of the specific technical, organisational and production needs of the sector, extra hours are permitted up to the full-time daily and/or weekly working hours referred to in Article 30 of this collective contract.
If the worker refuses to work overtime, this does not constitute a justified ground for dismissal or disciplinary measures.
Extra hours are remunerated as ordinary hours, increased pursuant to Article 6, paragraph 2 of Italian Legislative Decree 81/2015 by the percentage of overtime on all indirect and deferred remuneration items, including severance pay, determined by agreement and on a lump-sum basis by the parties in the amount of 28%, calculated on base pay and paid the month following the work done. The definition of the above is consistent with the provisions of Article 6 of Italian Legislative Decree 81/2015.
For the vertical part-time employment relationship, overtime, i.e. hours worked in excess of the normal daily working hours assigned, are governed by the conditions and quantities of the contractual provisions for full-time workers set out in Article 38 of this CCNL.
Every year, by the end of March, the company management shall provide the unitary union representative body or, if it has not been formed, the company union representatives or, if they have not been designated, the regional trade union representative bodies, with a final report indicating the number of part-time company contracts in the previous year, any transformations from full-time to part-time and vice versa, the professional positions covered by part-time contracts, the presence or absence of flexible clauses and the use of extra hours and the reasons for it.
At the written request of the unitary union representative body/company union rep resentatives and/or the trade union organisations, following receipt of the notice and in any case within the month of April, the Company Management must initiate, as soon as possible and in any case no later than 20 days from receipt of the aforesaid request, a joint examination aimed at assessing the conditions for consolidating the extra hours linked to structural work requirements, thus net of the hours worked to make up for absent workers with the right to maintain their jobs.
The minimum weekly working hours may not be less than 14 hours. For vertical and mixed part-time, this value should be proportioned based on a total of 60 hours per month and 600 hours per year. The working day may not be less than two hours.
If it is not possible to achieve said minimums in a single workplace, the parties acknowledge that compliance is possible only if the worker is willing to work on several contracts where the company has such contracts in the same area and there are no technical, production and organisational impediments arising from the criteria and methods for carrying out the services.
The economic and regulatory treatment of workers hired on a part-time basis is determined based on the rule of reproportioning the contractually agreed hours with respect to the contractual treatment of full-time workers.
Part-time workers are counted in proportion to their contractual hours.
If a worker with a part-time relationship works in 2 job contracts in order to reach the minimum weekly workload, the regulations set out in Article 30, paragraph 21, do not apply insofar as they relate to moving from one job to another. However, the situations in force at individual companies remain unchanged.
Workers interested in working different or longer hours shall inform the company, which in the case of new hires of full-time permanent staff will give priority consideration to this, subject to production and organisational requirements.
On a quarterly basis the company will inform the company union representatives and/ or unitary union representative body of the requests received and of any planned full-time hirings or increases in working hours.
This without prejudice to any more favourable conditions enjoyed by workers in force at the date of the signing of this CCNL.
For all matters not governed by this article, the current provisions of the law shall apply.
STATEMENT FOR THE RECORD
With regard to compliance with the minimum weekly, monthly and annual working hours for part-time workers, the parties reconfirm the provisions of paragraphs 24 and 25 of Article 33 above. Consequently, part-time contracts stipulated with working hours of less than 14 hours per week (60 monthly and 600 annual) do not in themselves constitute non-compliance and/or breach of this CCNL pursuant to the laws in force.
by OpenBox | 17-05-2024
Full-time and permanent workers not having continuity in their professional work in the performance of their duties are to be considered discontinuous.
However, for such duties and for those of simple waiting or caretaking, reference is made to the subsequent job description and to the provisions of Royal Decree no. 692/1923 and subsequent amendments and additions.
The aforementioned tasks identified in this article, without prejudice to the provisions of Article 1, paragraph 3 of this CCNL, are limited as follows:
- day and night caretakers or guards at vehicle entrances;
- caretakers or guards working at trade fair, museum and other building entrances;
- personnel of firefighting services;
- personnel responsible for loading and unloading for internal services;
- personnel responsible for the monitoring of systems and areas.
If through the performance of several discontinuous tasks the intermediate down times determining the condition of a discontinuous task are cancelled, the working hours of the personnel assigned shall be subject to the rule laid down in Article 30, paragraph 2, of this CCNL. This rule does not apply in the case of occasional or sporadic work.
For workers covered by this Article, the contractual working hours are set at 45 hours per week.
The overtime bonus applies from the 46th hour per week.
The signatories to this agreement, together with the unitary union representative body or, where it is not constituted, the company union representatives, shall meet at a regional level for a discussion aimed at verifying the implementation of the rules contained in this article. In the event of failure to reach an agreement, the higher levels shall take action in accordance with the provisions of this CCNL.
