Protecting Maternity in Domestic Work: Provisions and Rights under the CCNL
This article of the National Collective Labor Agreement for Domestic Work emphasizes the protection of working mothers, in line with national legislation, but with particular attention to the specificities of the domestic sector.
The prohibition of work during crucial phases before and after childbirth is guaranteed, with a clear recognition of maternity rights, which affect length of service, holiday bonus, and leave. Important is the protection against dismissal during pregnancy and maternity leave, with specific safeguards concerning the procedure for voluntary resignation.
Protections are also extended in areas such as paternity, adoption, and pre-adoptive foster care. The social partners commit to promoting initiatives to strengthen these protections, considering the unique conditions of domestic work, highlighting a strong commitment towards the well-being of working mothers in the sector.
Art.25 Protection of Working Mothers
1. The legal rules on the protection of working mothers apply, with the limitations indicated therein, except as provided in the following paragraphs.
2. It is forbidden to employ women:
a) during the 2 months before the expected date of childbirth, unless otherwise anticipated or deferred as provided by law;
b) for the period possibly occurring between this date and the actual date of childbirth;
c) during the 3 months after childbirth, unless authorized deferrals. These periods must be counted in the seniority of service for all purposes, including those related to the Christmas bonus and leave.
3. From the beginning of pregnancy, as long as it occurs during the course of the employment relationship, and until the end of maternity leave, the worker cannot be dismissed except for just cause. Resignations made by the worker in this period are ineffective and do not produce effects if not communicated in writing or if they are not made in the places referred to in art. 2113, 4th paragraph, of the civil code. Unjustified absences within five days, unless force majeure occurs, are to be considered just cause for dismissal of the worker.
4. In the case of voluntary resignation submitted during the period for which the prohibition of dismissal is provided, pursuant to paragraph 3, the worker is not required to give notice.
5. The legal rules on the protection of paternity as well as on adoptions and pre-adoptive foster care, with the indicated limitations, apply.
Joint Declaration
The Social Partners signing this CCNL, in order to extend the protections for working mothers, will promote every useful initiative towards bodies, organs, and institutions, taking into account the particular conditions existing within the families employing domestic workers.
Risposte a domande comuni
Respuestas a preguntas comunes
Frequently asked questions
According to the domestic CCNL, it is forbidden to employ working mothers during the two months preceding the due date and during the three months following childbirth. Furthermore, there is a work ban for the period that may elapse between the expected date and the actual date of delivery.
From the beginning of pregnancy and until the end of maternity leave, the worker cannot be dismissed, except for just cause. Resignations submitted during this period are ineffective unless communicated in writing. Furthermore, if the worker submits voluntary resignations during the period of dismissal prohibition, she is not required to give notice.
Maternity leave periods, both before and after childbirth, are counted in the seniority of the worker for all purposes, including those related to the Christmas bonus and holidays.
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