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.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…