Il diritto al riposo esiste ?

The right to rest for full recovery, both physical and mental, is enshrined in Italy both by the Constitution (Art 36) and by law (such as Art 3 of Legislative Decree No. 66/2003).

There is no explicit reference in the collective agreement to active or passive on-call duty; the worker can turn off the phone or not answer, including emails, messages, chats.

The only thing that could require the worker to return from rest (clearly we are not talking about colleagues who are paid for on-call duty) is a service order, justified by an emergency situation, written and delivered in paper form.

However, in practice this does not happen, either in the public or private sector. It is not unusual to hear a worker say that they feel they are always on call 24/7, without proper pay, without recognition, and with the risk of entering a cycle of burnout.

In France, from January 1st, the Loi Travail came into force, the right to disconnect from work, with the aim of guaranteeing workers a private life.

It is desirable that this right also arrives in Italy; this regulation obliges public and private companies to hire instead of taking advantage and squeezing their professionals like lemons, without any decency.

Lapadinadinursingup