28 May 2019

DID YOU KNOW THAT… Employees can transfer rest and holidays free of charge to colleagues

With a view to ensuring adequate support for parental care, through measures aimed at promoting opportunities to reconcile work and personal life, Article 24 of Legislative Decree no. 151/2015 regulates the institution of holidays/retirement jointly. Specifically, it provides for the possibility for all workers to transfer free of charge to their colleagues their rest days and accrued holidays to allow them to care for their minor children who need constant care for particular health conditions. The object of the transfer may be (i) periods of paid annual leave exceeding 4 weeks and (ii) hours exceeding the necessary daily rest period of “eleven hours (…) every 24 hours” and those exceeding “twenty-four consecutive hours, usually coinciding with Sunday, to be combined with the hours of daily rest” as referred to in Legislative Decree no. 196 of 30 June 2003. 66/2003. The relative measures, conditions and methods of transfer are normally established by the collective agreements entered into by the most representative trade unions at national level, in compliance with the provisions on holidays and rest periods of the aforementioned Legislative Decree. 66/2003. In any case, given their nature and taking into account the definition provided by art. 51 of the Legislative Decree, these solidarity systems are not subject to any form of compensation. 81/2015 of “collective agreements“, may also be established by agreements at company level. This occurs on condition that the aforesaid agreements improve conditions or tend to extend the scope of application of Article 24 of the Legislative Decree. 151/2015, also with regard to the conditions of workers who should benefit from the transfer of holidays or rest days by colleagues.

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