DID YOU KNOW THAT… collective bargaining agreements may legitimately allow work to be performed even on midweek public holidays?
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.
Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…
A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…
In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…
With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…
Regulatory Framework The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…