The lunch break is a right for all workers, guaranteed by Legislative Decree no. 66/2003. The minimum time provided is 10 minutes for those who work a daily shift longer than six hours. The Court of Cassation, with judgment of March 1, 2021 no. 5547, confirmed that in the healthcare sector the right to a canteen or substitute meal voucher is due for every work shift longer than six hours. What does our National Collective Health Contract (CCNL Sanità) say? Chapter II Working Hours Institutions, Art. 43 Working Hours, Paragraph 4: if the daily work performance exceeds six hours, personnel, provided they are not on shift, are entitled to a break of at least 30 minutes in order to recover psycho-physical energy and possibly have a meal, according to the rules set out in art. 29 of the supplementary CCNL of 20/9/2001 and art. 4 of the CCNL of 31/7/2009 (Canteen). The duration of the break and its timing are defined according to the type of working hours in which the break is included, as well as in relation to the availability of any refreshment services, the location of the Company's or Entity's offices in the city, and the size of the city itself. A different and longer duration of the daily break, compared to that established in each Office/Service/Structure, may be provided for personnel who are in particular situations (priority in flexible employment, provided it is compatible with the organization of work in the structures for employees in situations of personal, social and family disadvantage, for parents of children under 12 years of age with particular regard to the cases concerning parents who are both shift workers and employees engaged in voluntary activities according to current legal provisions). Accumulation of meal vouchers: an interesting proposal from Nursing Up Romagna proposes to allow employees to accumulate "meal vouchers", allowing them to use them to cover various expenses. This proposal offers several advantages: Greater flexibility: employees could use the vouchers according to their own needs, even outside working hours. Support for family income: the vouchers could be used to purchase foodstuffs, contributing to the economic support of families. Savings for companies: the accumulation of vouchers could result in savings for companies, as employees could choose to use the vouchers for foodstuffs at lower prices than those of the company canteen service. Greater equity: the possibility of accumulating meal vouchers would ensure greater equity among employees, as those who cannot use the canteen service due to working hours would still have the opportunity to use the vouchers for other needs. However, it is important to underline that the right to a meal voucher is not absolute. According to a recent ruling by the Milan Court, the employee is not entitled to meal vouchers if the employer has provided a canteen service at the workplace. The employer may, if desired, provide multiple systems simultaneously depending on their organizational needs: for example, the canteen service for one category of employees and the ticket system for another category. If you do not have a canteen or meal vouchers, contact lapaginadinursingup@yahoo.com Follow us and stay updated on the news and follow the battles for the recognition of healthcare workers' rights!Circular no. 8/2005 states that "Break periods, given the definition of working hours, are not counted as work for the purposes of exceeding the duration limits. Break periods are not paid, unless otherwise provided by collective agreements.
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