Rules for Night Care Staff in the National Collective Labor Agreement (CCNL)
This article of the National Collective Labor Agreement (CCNL) specifies the working conditions for non-nursing staff employed for nighttime care services, aimed at both self-sufficient and non-self-sufficient individuals.
The operators included in this article are categorized into B super, C super, or D super levels, depending on their qualifications and the type of assistance provided. For services performed between 8:00 PM and 8:00 AM, compensation is provided according to the classification level.
Furthermore, for non-resident staff, the provision of dinner, breakfast, and suitable accommodation is required. Resident staff must receive a rest period of eleven consecutive hours every 24 hours. Although the services are of a discontinuous nature, an assumed working time of eight hours per day is considered for contribution calculations.
The employment and service modalities must be formalized in a document signed by both parties, detailing the hours and the discontinuous nature of the assistance.
Art.10 Discontinued nighttime personal care services
1. Non-nursing staff specifically hired for intermittent nighttime assistance services for self-sufficient individuals (children, the elderly, those with disabilities, or the sick), and consequently classified at level B super, or for intermittent nighttime assistance services for non-self-sufficient individuals, and consequently classified at level C super (if not trained) or at level D super (if trained), if the timing of the service is between 8:00 PM and 8:00 AM, will receive the compensation provided by table D attached to this contract, related to the classification level, subject to the provisions of the subsequent art. 14. For non-residential staff, breakfast, dinner, and suitable nighttime accommodations must be provided.
2. Co-residential staff, as per this article, must in any case be guaranteed eleven consecutive hours of rest every twenty-four hours.
3. Without prejudice to the time slot indicated in paragraph 1, solely for the purpose of fulfilling the contribution obligation referred to in art. 53, the conventional working time is equal to eight hours per day. 4. Employment according to this article must be documented by a specific act signed by the parties; this document must indicate the start and end times of the assistance and its nature as intermittent service.
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Non-nursing staff hired for night assistance services for self-sufficient or non-self-sufficient individuals, and classified respectively in levels B super, C super, or D super, receive compensation according to Table D attached to the contract for hours worked between 8:00 p.m. and 8:00 a.m. Additionally, for non-resident staff, it is mandatory to provide dinner, breakfast, and suitable accommodation for the night.
Live-in staff providing nighttime care services must be guaranteed eleven consecutive hours of rest every twenty-four hours, as established by the relevant article of the Domestic Work National Collective Labor Agreement (CCNL).Live-in staff providing nighttime care services must be guaranteed eleven consecutive hours of rest every twenty-four hours, as established by the relevant article of the Domestic Work National Collective Labor Agreement (CCNL).
The employment contract for staff hired for discontinuous nighttime care services must be a written document signed by both parties and must include the start and end times of the care, as well as the discontinuous nature of the service. This is to clarify the expectations and obligations of both the employer and the employee.
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