Art. 62 Right to Study
In addition to the training activities scheduled by the Company or Entity paid leave, the employee is granted, up to an individual maximum of 150 hours for each calendar year and within the maximum limit, rounded up, of 3% of the permanent staff at each Company or Entity at the beginning of each year.
The permits are also granted to workers with a fixed-term employment contract of a duration not less than six consecutive months, including any possible extensions. The hours are proportionally adjusted to the duration, in the relevant calendar year, of the fixed-term contract entered into.
Workers with a fixed-term employment contract who do not use paid leave for the right to study may use the leave referred to in Art. 10 of Law No. 300 of 1970.
Employees attending courses are entitled to be assigned work shifts that facilitate attendance at the courses themselves and preparation for exams, and cannot be required to work overtime or on holidays or weekly rest days.Leave is granted for participation in courses, including those held online, aimed at obtaining university or post-university degrees including doctoral cycles if not taken during leave, primary, secondary, and professional qualification schools, state, equalized or legally recognized, or otherwise authorized to issue legal qualifications or professional certificates recognized by public law, as well as for taking the related exams.
Within the scope of supplementary bargaining, additional types of courses may be provided, of at least annual duration.
If requests exceed the maximum limit of 3%, the following order will be followed: - employees attending the final year of the course of study and, if university or post-university students, have passed the exams required by the programs for previous years
- employees attending for the first time the years of the course prior to the last and subsequently those who, in order, attend, again for the first time, the years even earlier except the first, without prejudice, for university and post-university students
- employees admitted to attend teaching activities
Within each of the above cases, priority is given, in order, to employees attending lower secondary school, upper secondary school, university or post-university courses.
In the event of equal conditions, employees who have never used leave for the right to study for the same course are admitted to the benefit, and, in case of further parity, in descending order of age.
Further conditions that give entitlement to priority are defined by supplementary bargaining. For the granting of leave, a certificate of enrollment, certificate of attendance, and that of the exams taken are required.
In the absence of the aforementioned certificates, the leave already used is considered as leave of absence for personal reasons or, upon request, as vacation or compensatory rest for overtime already performed.
In the event that obtaining the qualification requires an internship, the company or entity may evaluate with the employee, in compliance with incompatibilities and service needs, ways of organizing the work performance that facilitate obtaining the qualification itself.
For employees with permanent or fixed-term contracts enrolled in university courses with the specific status of part-time student, study leave is granted in a reduced amount.
