Legislative Decree passed 28.01.2000 by the Council of Ministers in accordance with Directive 97/81/EC on part-time ARTICLE 1 Definitions
1.In the employment relationship may be hiring full-time or part time.
2. For the purposes of this Legislative Decree shall be: a) "full time" normal hours of work referred to in Article 13, paragraph 1, of Law of 24 June 1997, n. 196, as amended, or the possible shortest time standard set by collective agreements applied, b) for "part time" working hours, set by the individual contract, which is held by an employee that is lower than that indicated in letter a), c) for "part-time employment of horizontal" one where the reduction of time compared to full-time report is expected in normal daily working time; d) "employment-time vertical part "in relation to that provided showing that the work is carried out full time, but only for fixed periods during the week, month or year; s) for "extra work" that which corresponds to the Work performed over the working time agreed between the Parties pursuant to Article 2, paragraph 2, and within the limit of full-time.
3. National collective agreements negotiated by unions comparatively more representative, collective agreements negotiated by local unions and same company collective agreements concluded by the company union representatives, referred to in Article 19 of Law 20 May 1970, No 300, as amended, with the assistance of the unions that have negotiated and signed the national collective agreement applied, may allow the ratio of part-time work is performed according to a combination of the two conditions referred to in letters c) and d) of paragraph 2, shall determine the time pattern of conduct of specific performance part-time work, and any implications for pay itself.
4. The recruitment period covered by the Act April 18, 1962, No 230, as amended, may also be made with relation to part-time, in accordance with paragraphs 2 and 3.
ARTICLE 2
Form and content of the contract of part-time work
1.Il contract part-time work is concluded in writing the purpose and effect of Article 8 paragraph 1. The employer is obliged to give notice of the taking part-time work at the provincial territorial jurisdiction by sending a copy of the contract within thirty days after the conclusion of the same. Without prejudice to any more favorable weather in collective agreements referred to in Article 1, paragraph 3, the employer is also obliged to inform the company union representatives, if any, on an annual basis, the trend of hiring part-time, the on type and use of the extra work.
2. The contract part-time work has continued accurate indication of working time and timing in relation to the time the next day, week, month and year. Conflicting provision is eligible only in terms of Article 3, paragraph 7.
ARTICLE 3
mode of employment parziale.Lavoro extra time, overtime, elastic clauses
1.Il employer may request the holding of additional benefits compared to those agreed with the employee within the meaning of Article 2, paragraph 2, in compliance with the provisions of paragraphs 2, 3, 4 and 6.
2. The collective agreement, signed by persons specified in Article 1, paragraph 3, that the employer actually applied, provides a) the maximum number of hours of additional work carried out at a rate of year, when the determination is made when collective agreement is local or company complied with the limit set by national collective agreement, b) the maximum number of hours of additional work carried out in a single workday; c) the causal objective in relation to which it allows you to request a time worker partial to the working of supplementare.In contractual expectations of the disciplines in this paragraph and except as provided in paragraph 15, use of the extra work is permitted a maximum of 10 per cent of the weekly working time to part-time refers to periods not exceeding one month and to be used over more than a week.
3. The execution performance of additional work required in each case the consent of the employee concerned. The refusal of the same breach of discipline is not, nor within the realm of just cause for dismissal.
4. The extra hours are paid at regular hours, unless the right to collective agreements referred to in paragraph 2, to apply a percentage increase on the amount of remuneration Hourly global de facto relationship due to additional work. As an alternative to the provisions in respect of Article 4, paragraph 2 letter a), the collective agreements referred to in paragraph 2 may also determine that the incidence of payments for overtime pay indirect and delayed effects on the institutions is determined by the covenzionalmente ' applying a flat rate on earnings due to the single hour of overtime.
5.Nel employment to part-time vertical and enable the outstanding work performance in relation to days of work. These benefits apply to the current legal and contractual framework, and any subsequent amendments, in overtime in the relations full time. Save for different provisions of the collective agreements referred to in Article 1, paragraph 3, the quarterly and annual limits established by law November 27, 1998, No 409, mean scaled down in relation to working time to part-time. 6.The
overtime actually performed in excess of that permitted under paragraph 2 include the application of an increase of 50 percent on the amount of total hourly compensation actually due to them. Collective agreements referred to in Article 1, paragraph 3, may raise the extent of the increase, which may also establish criteria and procedures to ensure the part-time worker, at his request, the right to consolidate in their working hours, in whole or in part, of the additional work being carried out not merely occasional.
7.Ferma prejudice to the claim in the employment contract of the distribution organization with reference to the day, week, month and year, the collective agreements referred to in Article 1, paragraph 3, applied by the employer work involved, have the option of providing elastic clauses regarding the timing of job performance alone, determining the terms and conditions against which the employer may change that position, than initially agreed with the employee in accordance with Article 2, paragraph 2. 8.The
'exercise by the employer's power to vary the timing of job performance results in part-time for the employee a notice of at least ten days. The holding of part-time employment under paragraph 7 also involves in favor of the worker the right to increase the overall hourly wage in effect, to the extent fixed by collective agreements referred to in that subparagraph 7.
9.La availability for the performance of part-time employment pursuant to Section 7 requires the consent of the worker formalized through a specific written agreement, also contextual to the employment contract. In the covenant is made specific mention of the date of conclusion of the possibility of denunciation provided for in paragraph 10, the procedure for exercising the same, and to the provisions of paragraph 11.
10.Durante the course of development of the relationship of part-time work the employee may terminate the agreement referred to in paragraph 9 a statement accompanying the complaint of one of the following documented reasons: a) the needs of family, b) needs of health certified by the relevant Public Health Service, c) needs to wait for other paid employment or self. The complaint, in writing, may be made when at least five months have elapsed from the date of signing of the agreement and must also be accompanied by a notice of one month in favor of the employer. Collective agreements referred to in paragraph 7 shall determine the criteria and procedures for the exercise of the possibility of a complaint even if the demands of study or training and can also identify other objective reasons under which the agreement may be terminated referred to in paragraph 9. The employer may withdraw the notice.
11.Il refusal by the employee signing the agreement referred to in paragraph 9 by the same exercise of the right to re-think referred to in paragraph 10 can not integrate in any case the details of just cause for dismissal. 12.A
the complaint referred to in paragraph 10 is not the right of the employer to vary the timing of the work performed initially agreed, pursuant to Article 2, paragraph 2. Following the complaint, during the course of the employment relationship is subject to the possibility to conclude a new covenant written on the timing of the elastic part-time work performance, observing the provisions of this article.
13.L 'performance in carrying out additional work or special, as well as the development of the second report the procedures referred to in paragraph 7 are allowed only when the part-time employment contract is concluded for an indefinite period and, in the case of hiring out, limited to those listed in Article 1. paragraph 2, letter b) of Act April 18, 1962, No 230. Collective agreements referred to in Article 1, Section 3, applied by the employer concerned, may include the right to call for the holding of additional or extraordinary job performance also in relation to other cases of taking fixed-term contracts permitted under existing .
14.The employment centers and the activities authorized parties to mediate between demand and supply of labor, respectively in Articles 4 and 10 of Legislative Decree 23 December 1997, n. 469, are required to provide for workers interested in jobs part-time, accurate information of the scheme provided for in paragraphs 3, 7, 8, 9, 10, 11, 12 and 13 prior to the signing of the employment contract. For the entities referred to in Article 10 of Legislative Decree 23 December 1997, n. 469, failure to provide that information behavior is considered for the application of the rule referred to in paragraph 12 b) of that Article 10.
15.Ferma prejudice to the immediate application of the provision in paragraph 3, and clauses in collective agreements on employment additional employment practices part-time force on the date of entry into force of this decree, continue to have effect until the deadline and for a period not exceeding one year.
ARTICLE 4
principle of non-discrimination
1.Without prejudice to the prohibition of direct and indirect discrimination under the current legislation, the part-time worker should not receive less favorable treatment to the employee comparable full-time, meaning that the same level classified under the classification criteria established by collective agreements referred to in Article 1, paragraph 3, solely because they work part-time.
2. The application of the principle of non-discrimination means that: a) the part-time worker benefits the same rights of a comparable full-time worker in particular as regards the amount of hourly pay and the duration of the trial period and public holidays annual duration of the period of compulsory and optional maternity leave, the duration of the retention period of employment in the face of illness, industrial accidents, occupational diseases, enforcement of health and safety of workers in workplace, access to vocational training initiatives organized by the employer, access to social services business, the criteria for calculating the indirect responsibilities and liabilities provided for by collective bargaining agreements, labor rights, including those in Title III of the Law May 20, 1970, No 300, as amended. Collective agreements referred to in Article 1, paragraph 3, may provide to modulate the duration of the probationary period and that the retention period of employment in case of illness if the assumption is made with part-time work contract of vertical b) the treatment of part-time worker is scaled down due to the reduced amount of work performed in particular as regards the amount of the total remuneration and the individual components of it, the salary working, the amount of the remuneration due to illness, occupational accident, occupational disease and pregnancy. This is without prejudice to the right of the individual employment contracts and collective agreements referred to in Article 1, paragraph 3, to provide that the payment to part-time workers to pay fees, in particular of a variable, is carried to an extent more than proportional.
ARTICLE 5
Protection and promotion of part-time work
1. The refusal of a work of transformation their full-time employment compared to part-time or its part-time employment compared to full-time, does not constitute just cause for dismissal. Agreement between the parties resulting in a written document, prepared at the request of the worker with the assistance of a member of the company union representatives indicated by the worker himself or, in the absence of union representation company in the production unit, confirmed by the Provincial Labour Directorate is responsible for territory, it shall be the transformation of the employment relationship in full-time part-time. The ratio of part-time work resulting from the conversion shall be subject under this enactment.
2. In case of recruitment of full-time staff, the employer is obliged to recognize a right of way in favor of workers employed part-time work at production units within 100 km from the production site concerned by the planned recruitment, used the same tasks or duties equivalent to those in whose employment is expected to give priority to those who are already addicted, had transformed the relationship of full-time work to part-time. All things being equal, the right of way in recruiting full-time can be relied on primarily by the worker with higher loads family, and secondly we will take into account the increased length of service, however, be calculated on the basis of previous re-proportioning without reduced working time.
3. In case of recruitment of part-time employer is required to give timely information to staff already employed full-time relationship with production units in occupied site in the same communal area, including through written communication in a place accessible to all the premises of 'undertaking, and to consider any applications for part-time transformation of the ratio of full-time employees. At the request of the person concerned, the refusal of the employer must be adequately motivated. Collective agreements referred to in Article 1, paragraph 3, may provide criteria to identify applications with regard to the arrangement of the first sentence of this paragraph.
4. The benefits of insurance under Article 7, paragraph 1, letter a) of Decree-Law May 16, 1994, No 299, with amendments, into law July 19, 1994, No 451, may be approved by the Decree of the Minister of Labour and Social Welfare provided for in that article, to be issued within thirty days from the date of entry into force of this decree, in differing degrees depending on length of time stipulated in the contract Working part-time in favor of private employers and entrepreneurs, businesses and the public entities that will be done within the period prescribed by that order, recruitment, contract and permanent partial increase in the existing organic calculated with reference to the average of employment in the twelve months prior to entering into such arrangements.
ARTICLE 6
criteria for calculating the part-time workers
1.In all cases where it is required by law or collective agreement, it becomes necessary to ascertain the consistency plan, the part-time workers are counted in total number of employees in proportion to the time she has done, compared to full-time as defined under Article 1, rounding the fraction of time equal to half of what full.
