With Order No. 42802 of December 20, 2023, the Italian Supreme Court – Labour Section – clarified that the employee’s right to abstain from work on midweek holidays, although recognized under Italian law, is neither absolute nor non-negotiable, and can validly be regulated by collective bargaining agreements.
In the case at hand, some employees engaged in an essential public service claimed the right to abstain from work on civil and religious midweek holidays, arguing that such a right could only be waived through an express individual agreement. The Court of Appeal, upholding the ruling of the lower court, agreed with this interpretation, stating that an obligation to work on holidays could arise only from individual pacts, not collective bargaining.
However, the Supreme Court overturned this decision, considering the reasoning of the lower courts to be flawed. According to the Court, the right to rest on midweek holidays is compatible with an organization of work based on rotating shifts covering the entire week, provided such arrangements are set forth in collective agreements and accepted by the employee, even implicitly (i.e. “facta concludentia”).
In particular, the Court emphasized that while the right to rest on such days is granted by law (Law No. 260/1949), it is a “disposable” right and may be modified through valid collective bargaining agreements referenced in the individual contract or consistently applied over time. In these cases, the employer is required to pay, in addition to ordinary wages, extra compensation for the hours worked on public holidays.
In conclusion, this ruling reaffirms that in the presence of continuous seven-day shifts, work can be scheduled on midweek public holidays based on collective bargaining, without requiring an explicit individual agreement, as long as the worker has substantively adhered to such work arrangements.
