Categories: Insights, Publications


15 Jun 2015

Part time – Overtime even without agreements (Il Sole 24 ore, 16 june 2015, page 45)

The main introductions regarding part-time work concern the topic of working time changes, which has always been a relevant subject (and with recurring interventions) for the legislator.
Despite the parties having an obligation to specify the duration of working time and timeframe of the hours in relation to the day, week, month and year, article 46 of Italian Legislative Decree 276 of 2003 had introduced the possibility for the parties to change the timeframe of the job using the so called flexible clauses and/or increasing the duration during the period of employment.
The latter possibility meant different things based on the type of contract: overtime in horizontal part-time, elastic clauses in vertical and mixed part-time. The performance of overtime, as well as inserting elastic clauses in the contract required the worker’s consent.
In this regard, the new implementing decree of the Jobs Act has eliminated the requirement for national collective contracts to have specific reasons for legitimately using these clauses, thus expanding their possibility of use. On the other hand, it sets down a series of requirements that are applicable if the collective bargaining does not contain a specific provision for overtime and elastic and flexible clauses. Specifically, the decree includes a maximum number of overtime hours equal to 25% of the agreed weekly working hours and the right of the worker to a 15% increase in pay based on the de facto overall hourly wage.
In terms of the elastic clauses (with which now, due to the abolition to refer to “flexible clauses”, seems to mean both a change in the job timeframe and increase in the duration of working hours), there is the possibility for the parties to change the job timeframe or increase  the duration of working hours, as long as this is done in writing and before the certification commissions required by article 76 of Decree 276/2003 and as long as the collective contract applied to the employment does not contain a specific provision.
In any case, the maximum amount of the increase in working hours cannot exceed the threshold of 25% of the normal part-time annual working hours, and the changes in the working hours include the worker’s right to a 15% increase in pay based on the hourly wage.
The provision introduced with article 1, paragraph 20, of Law 92/2012 is confirmed whereby with the repeal of the so-called worker’s right to change his mind, the collective contracts may establish conditions and procedures which allow the worker to ask for the elimination (or at least, the modification) of the elastic clauses. With the aim of protecting the worker’s “essential security” the possibility was also confirmed for an employee in certain conditions to revoke a previously granted consent to add elastic clause to the contract.
The first series of these conditions refers to particular health reasons, such as cancer or chronic-degenerative diseases, of the worker or his immediate family members, plus assistance for a cohabiting person with complete and permanent inability to work, a cohabiting disabled child, as well as care of a cohabiting child not over age 13; the second, instead, is referred to article 10 of the workers’ statute which protects the job of student workers, including university students. Much more generic is the wording of the law which allows workers to refuse to work overtime in the presence of “proven work, health, family or professional training needs”.
Lastly, the provision whereby an employee may ask, only once, to substitute transformation of a full-time job for part-time in lieu of parental leave (or within the limits of the leave still to be taken) is completely new. In this case the hourly reduction cannot exceed 50 percent and the employer must make this transformation within fifteen days from the request.   
 
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

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…