By popular demand, we want to clarify the activities performed by both shift and non-shift staff on a midweek public holiday.
In short, our National Collective Health Contract (expired, we hope it will be renewed soon) states in Art. 45, paragraphs 6 and 7, that the activity performed by staff, even non-shift workers, on a midweek public holiday, is subject to Art. 106, paragraph 5 (Shift, night, and holiday allowances).
Work performed on a non-working weekday, as a result of a five-day work schedule, entitles the employee, upon request, to equivalent compensatory rest or payment for overtime work, or the application of Art. 48 (Time Bank).
Article 106, paragraph 5 states that the allowances referred to in this article fully compensate for the inconvenience resulting from the particular arrangement of the ordinary shift schedule.
The activity performed by staff on a midweek public holiday entitles, upon request by the employee to be made within thirty days, without prejudice to the allowances referred to in paragraphs 3 and 4, alternatively:
a) to equivalent compensatory rest;
b) to payment for overtime work with the increases provided for overtime work under Art. 47, paragraph 8 (overtime work);
c) the application of Art. 48 (Time Bank).These allowances are cumulative with each other and are funded by the Merit and Working Conditions Fund
To the many incorrect interpretations by some companies and some unions, ARAN has also intervened, confirming what we wrote above that:
The above applies to any shift scheduled on a midweek public holiday, whether it counts toward the monthly hourly obligation or is in addition to the same obligation.
Otherwise, the extension of service beyond the scheduled shift (on a weekday or holiday) that results in the performance of additional hours falling on a midweek public holiday results in the application for such overtime hours of the relevant rules under Art. 47 of the National Collective Health Contract of 2.11.2022 with the relevant increases referred to in paragraph 8
