Right to Leave and Conditions of Enjoyment in Domestic Work
Article 17 of the national collective agreement for domestic work establishes the worker's annual right to a vacation period of 26 working days, regardless of the distribution of working hours, ensuring that this period is fully paid. The scheduling of vacations must take into account the needs of the employer and the employee, preferably between June and September, but always allowing for a flexible agreement between the parties.
Vacation enjoyment must be continuous, but it may be divided into a maximum of two periods per year, with at least two weeks guaranteed within the year of maturity and another two within the following 18 months. Vacation pay is calculated based on 1/26 of the monthly salary. For workers who receive board and lodging, a compensatory allowance is provided in case of absence during vacation.
It is also possible for foreign workers to accumulate vacation days for non-definitive repatriations. In the event of termination of the employment relationship, accrued and unused vacation will be proportional to the months worked. Vacations cannot be taken during the notice period or illness. The accrual of contractual rights continues even during the vacation period, and any illnesses requiring hospitalization during the vacation interrupt its enjoyment.
Art.17 Holidays
1. Regardless of the duration and distribution of the working hours, for each year of service with the same employer, the worker is entitled to a leave period of 26 working days.
2. Workers with a monthly salary will receive their regular pay without any deductions; those with pay calculated based on hours worked will receive remuneration equivalent to 1/6 of the weekly hours for each day of leave taken.
3. The employer, taking into account their own needs and those of the worker, must set the leave period, without prejudice to any different agreement between the parties, from June to September.
4. The right to enjoyment of leave is non-negotiable. According to Article 10 of Legislative Decree April 8, 2003, no. 66, a minimum period of 4 weeks for each year of service cannot be replaced by the corresponding allowance, except in the case provided for in paragraph 8.
5. Leave is generally continuous. It may be divided into no more than two periods per year, provided an agreement is reached between the parties. Leave must be taken, except in the case provided for in paragraph 8, for at least two weeks within the year of accrual and for at least another two weeks within the 18 months following the year of accrual.
6. During the leave period, the worker is entitled for each day to a salary equal to 1/26 of the actual monthly global salary.
7. Workers who receive board and lodging are entitled, for the leave period, to the conventional substitute compensation if they do not receive these benefits during such period.
8. In the case of a non-Italian citizen worker who needs a longer leave period for a non-definitive return to their home country, upon their request and with the employer's agreement, it is possible to accumulate leave over a maximum of two years, even in derogation of what is specified in paragraph 4.
9. In case of dismissal or resignation, or if at the beginning of the leave period the worker has not completed one year of service, the worker is entitled to as many twelfths of the leave period they are entitled to, as the months of actual service rendered.
10. Leave cannot be taken during the notice and termination period, nor during periods of illness or injury.
11. The enjoyment of leave does not interrupt the accrual of all contractual institutions.
12. A medical condition contracted by the worker during the leave period that results in hospitalization, if duly certified, interrupts the enjoyment of leave for its entire duration. Clarification in the minutes. Workers are entitled to an annual leave period of 26 working days, considering that the working week—whatever the distribution of weekly working hours—is nonetheless considered as six working days from Monday to Saturday for the purpose of calculating leave.
Risposte a domande comuni
Respuestas a preguntas comunes
Frequently asked questions
Domestic workers are entitled to 26 working days of leave for each year of service with the same employer, regardless of the duration and distribution of working hours.
The holiday period for domestic workers must be set by the employer, in accordance with their own needs and those of the worker, preferably from June to September. However, a different agreement between the parties is possible. Holidays must be continuous in nature and can be divided into no more than two periods per year, provided there is an agreement between the parties. At least two weeks of vacation must be taken within the year of accrual and the remaining two weeks within the following 18 months.
Domestic workers who are not Italian citizens can accumulate vacation days over a maximum period of two years to use them over a longer period, for example, for a temporary repatriation, provided there is agreement from the employer. This provision allows an exception to the general rule requiring vacation time to be taken within specific timeframes.
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