Job Sharing Dynamics and Regulations in the National Collective Labor Agreement
Article 8 of the National Collective Labor Agreement (CCNL) introduces and regulates the concept of job sharing in the domestic sector, a mode of employment that allows two workers to share the responsibilities of a single job position. This provision allows for greater work flexibility while maintaining a strong bond of solidarity between the co-obligated parties.
The job-sharing contract must be formalized in writing, clearly outlining the economic and regulatory treatment assigned to each of the workers, as well as the time allocation of the work. The two workers, maintaining a joint responsibility bond, can autonomously organize their collaboration and schedules, with the possibility of substituting each other as needed.
This article also places limitations on external substitutions, emphasizing that in case of resignation or dismissal of one of the co-obligated parties, the contract could end unless a new agreement is reached. However, flexibility is ensured: workers can adapt the agreement according to the needs of the moment, converting the shared contract into a normal subordinate employment relationship, if necessary, with prior agreement between the parties.
These rules aim to ensure that job sharing is managed in a fair and flexible manner, offering an innovative solution that respects the needs of both employers and workers in the family and domestic context.
Art.8 Job sharing
1. The hiring of two workers who jointly assume a single work obligation is permitted, in compliance with the regulation attached to this contract.
2. Without prejudice to the principle of joint liability and unless otherwise agreed between the contracting parties, each of the two workers remains personally and directly responsible for fulfilling the entire work obligation.
3. The shared employment contract must be drawn up in writing. The employment letter must indicate the economic and regulatory treatment due to each worker under this collective agreement, as well as the percentage measure and the temporal allocation of daily, weekly, monthly, or annual work that is expected to be performed by each of the two workers.
4. Without prejudice to any different agreements between the contracting parties, the two workers have the right to determine, at their discretion and at any time, substitutions between them, as well as to consensually modify the temporal allocation of their respective working hours; in which case the risk of the impossibility of work performance, due to events concerning one of the jointly obligated parties, is assigned to the other obligated party. The economic and regulatory treatment of each of the two workers is adjusted in proportion to the work performance actually carried out by each worker.
5. Any substitutions by third parties, in the event of the impossibility of one or both of the jointly obligated workers, are prohibited.
6. Unless otherwise agreed between the parties, the resignation or dismissal of one of the jointly obligated workers results in the termination of the entire contractual obligation. This provision does not apply if, at the request of the employer or at the proposal of the other worker provider, the latter makes themselves available to fulfill the work obligation, entirely or partially; in such cases, the shared employment contract is converted into a normal subordinate employment contract pursuant to art. 2094 of the Civil Code. Similarly, the worker is given the right to indicate the person with whom, with the prior consent of the employer, they can jointly assume the work obligation. In any case, the absence of agreement between the parties will result in the termination of the entire contractual obligation.
Risposte a domande comuni
Respuestas a preguntas comunes
Frequently asked questions
The hiring of two workers who jointly assume the fulfillment of a single work obligation means that two people are hired to perform together a single task or a set of work tasks. This implies that both workers are collectively (and individually) responsible for the complete fulfillment of the assigned work responsibilities. This type of agreement is formalized to ensure that work responsibilities are effectively covered, while allowing flexibility in their execution.
The two workers have the ability to substitute each other and to consensually modify the timing of their work schedules at any time. However, if one of them is unable to perform their work for certain reasons, the other worker becomes responsible for fulfilling the entire work obligation. Changes to schedules and substitutions must be agreed upon between the workers, but the risk related to the impossibility of carrying out the work due to problems of one of them is borne by the other worker.
If one of the jointly obligated workers resigns or is dismissed, the contractual relationship between the employer and both workers is generally considered terminated unless a different agreement is made. If the remaining worker is willing to continue fulfilling the work obligation, either entirely or partially, and this is accepted by the employer, the shared employment contract can be converted into a standard employment contract. Additionally, the remaining worker may propose another person to jointly fulfill the work obligation, subject to the employer's approval. If no agreement is reached, the contractual relationship is entirely dissolved.
Conosci quali sono i tuoi diritti e doveri come datore di lavoro domestico
Informati sui tuoi diritti e doveri come datore di lavoro domestico. Visita la nostra pagina dedicata per avere tutte le informazioni necessarie a garantire un rapporto di lavoro equo e rispettoso, assicurando un ambiente di lavoro sereno e produttivo per tutti.
Scopri di più
.jpg)
