Art. 46, snight work is performed by workers required to work in shifts covering 24 hours.
In the event that health conditions arise that result in unfitness for night work, ascertained by the competent doctor, the provisions of art. 6, paragraph 1, of Legislative Decree 26 November 1999, no. 532 apply. The worker is guaranteed assignment to other work or to daytime work.
For night service performed between 10:00 p.m. and 6:00 a.m. the following day, the worker receives an allowance of 4.00 euros, which may be increased during supplementary bargaining (art 106 paragraph 3).
Art. 47, land overtime work are intended to deal with exceptional work situations and, therefore, cannot be used as an ordinary factor in work planning and must meet actual service needs.
The parties meet every four months to assess the conditions that made it necessary.
The performance of overtime work is expressly authorized by the manager or the person in charge based on the organizational and service needs identified by the Companies and Entities, with any generalized form of authorization being excluded except in cases of urgency in which, to guarantee the levels of assistance, it is not possible to obtain prior and explicit authorization from the manager or the person in charge.
Overtime hours may not exceed 180 hours/year per employee, which may be increased in relation to particular needs for no more than 5% of the staff in service, up to the maximum limit of 250 annual hours.
When determining individual limits, particular account is taken of: being called back to work for on-call duty; participation in commissions (including those relating to public competitions called by the Company or Entity) or other collegial bodies, operating there only in the event that specific compensation is not provided; assistance in organizing refresher courses.
As an alternative to payment, at the employee's request, the overtime work referred to in this article, duly authorized, may give rise to corresponding compensatory rest to be taken, compatibly with organizational and service needs, within a maximum period of 4 months. The rules in this paragraph apply to workers who have not joined the hours bank.
The hourly amount of compensation for overtime work is recalculated by increasing the hourly rate of ordinary work calculated, conventionally, by dividing the monthly base salary, including the pro-rata share of the thirteenth month's salary, by 156.
The increase referred to in paragraph 7 is 15% for daytime overtime, 30% for overtime performed on holidays or at night (from 10:00 p.m. to 6:00 a.m. the following day), and 50% for overtime performed on holidays at night (Reward and working conditions fund).
