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.