Work relationships work better if there is peace in the private life. It benefits your mood and consequently your performance in the office. However, what happens in one’s life does not always allow one to perform at their best Contractual duties. A 40-year-old from Forlì knows something about why Husband’s illnesshe had to use all his hours holiday To help her through a very difficult phase, which began three years ago with the diagnosis of a serious health problem.
With the death of a spouse, Mourning This affected the whole family but – to the rescue – the worker’s colleagues arrived who, in a fit of altruism and compassion, chose to “give” him good. 700 hours of additional leaveallowing her to stay at home for a few months and spend more time with him Minor childrenvery shaken by the recent incident.
Below we will look more closely at this story of solidarity in the office, taking the opportunity to discuss the institution of labor law that bears its name.Solidarity holidays“How does it work? And what are the limits? Here’s what to know.
700 hours of leave donated by company colleagues, a gesture of humanity and solidarity
The woman did not expect this nice “surprise” from her parents. Work colleagues In one Packaging Company in MeldolaIn Emilia Romagna. get there Recommendation by the Head of the Department700 hours of leave as a gift is not at all small and represents closeness well in the difficult moment of passing away of a loved one.
Shukar was revealed in one. A public letter of thankswhich is making the rounds on the web and which shows that in a work environment, team spirit can be seen – and above all – when a colleague is not doing very well on a personal and emotional level. Each colleague donated a few hours of leave to get to tomorrow. 700 oreThat is, a few months Pay rest.
Apart from the relief of regaining energy and being able to spend more time with family, the public letter activist – who was widowed a few weeks ago – also expressed a certain surprise, writing that she was left “speechless”. and was probably unaware of it. The possibility – provided by law – to donate your vacation to another person.
In the absence of help from her colleagues and the head of the department – for which nothing was asked in return – the woman should have returned to the office immediately after the death of her husband, because – as mentioned above – she All the holiday hours were spent. . In fact, between visits, hospitalization and recovery, that is to stay close to the spouse. 100% wrong – The woman had to refer not only to the holidays but also to the permission (with reference to which it is preferable to avoid abuse) and the holidays granted by her. Law 104.
After the death of her husband, at the age of 47, the real danger was therefore that she had to go back to work immediately, but – obviously – without being in an emotional state and without the right energy. However, the twenty years spent in this workplace should have strong bonds and friendships, leading to an admirable gesture of solidarity.
What are Solidarity Holidays: Terms and Limitations
As we have seen above, if an employee uses all his leave time to care for a sick family member, he may avoid returning to work immediately after his death, if His companions come to his aid. Solidarity holidays.
A holiday transfer is expected. d LGS n. 151 Deal 2015 – and especially from his art. 24 according to which:
Workers can give. Free of charge Rest and holidays are accrued by them to workers employed by the same employer, so that subsequent employees Help minors. Which requires certain health conditions. Continuous maintenanceto the extent, under the terms and in the manner established by it Collective Agreements Determined by the most representative trade union associations at the national level applicable to employment relations.
Some collective (and company) agreements have extended the range of beneficiaries, even to support the worker’s own serious illness or a non-self-supporting family member.
Reference is clearly made to the case of the woman from Forli, who needed extra hours of rest to care for her minor children, grieving the death of her parents. In particular, solidarity holidays allow colleagues to give up their work. The remaining days have already been collected. And have the following features:
- The transfer is voluntary, free (without monetization) and usually the result of an agreement between those working in the company (in the case seen above it was the head of the department who promoted the idea);
- They are given to a partner who is going through a difficult personal situation or a particularly critical phase in their life.
- They allow further absences from work even after holidays and vacations are over.
- only Statutory minimum holidaysthat is, more than a day of rest 4 weeks a year Provided by legislative decree LGS n. 66 of 2003. Therefore, accrued but not yet taken leave cannot be donated if it falls within the statutory minimum.
In concrete terms, the possibility to benefit from solidarity holidays is regulated by national collective labor agreements and company agreements. For thatwhich details the methods, limitations and conditions of transfer of holidays. In the case seen above, it was a spontaneous initiative within the company where the woman worked that established the donation of 700 hours of vacation.
Steps to be taken for transfer of holidays
The employee must agree to their use. Additional holidays With the employer and human resources office. It goes without saying. Assignment and use of vacations In compliance with contract regulations and company agreements and to make the agreement between the parties (employer, beneficiary and fellow donors) clear and transparent, they must be documented.
So in general:
- il employee shall make a written request to the employer or the human resources office, which shall include the reasons for the request, the declaration of leave and termination of leave, and the period of leave from work.
- i Colleagues They must formally declare that they will transfer part of their vacation to a beneficiary, completing a written declaration that highlights their voluntary and free choice.
Both parties must submit an application for application. Solidarity holidays To the Office of Human Resources, following the procedures and limitations established by the relevant national collective bargaining agreement.
It will happen The employer Considering, to give the green light Organizational and production requirements of the company, and will act as if it were an employee who requested time off. The boss will be able to object. Solidarity holidays Only for well established and documented reasons, workers should be informed within a reasonable time. Whereas, on his part, the employee donating his vacation hours shall be entitled to written confirmation of the assignment and a copy of the request and permission of the employer.
