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.