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.