On the subject of Weekly restil Legislative Order No. 66 of 2003in art. 9, establishes that the worker is entitled – every 7 days – to at least 24 consecutive hours of rest, which usually coincides with Sunday, to be included in the daily rest hours. At the same time, Art. 9 indicates that the weekly rest may be fixed on a day other than Sunday, if, for reasons of technical necessity, public utility or community interest, it is necessary to work on Sunday.
With the order of a few days ago – N. 31712 – The Cassation He reminded that an employee who is required to work is entitled to a reasonable amount of time to take rest breaks during the day. compensationwhich cannot be terminated by transferring the holiday to another day of the week. And the judge may be the one to recognize the increase in his pay slip.
Let’s look at this story and the Supreme Court decision together, because although it refers to a specific practical case, it undoubtedly has implications for all employees who, due to company requirements, have to work on Sundays. is
Concrete cases and first and second degree decisions
Sanitation worker in metro Milan Requested differential pay for higher ratings and working on holidays, nights and Sundays. In essence, the man believed he had received one. Pay slip Excessively “mild”, justifying his requests with arguments that were then accepted by both the first instance and the Milan Court of Appeal.
He was thus entitled to further sums, a merger or Addition of Hourly pay As cited in the agreement, the judges:
- They ascertained the employee’s right to join in the third and fourth grade CCNL Multi Servicesfor separate periods, with consequent condemnation of the employer from paying the salary differential for the higher classification;
- The same employer is charged for payment of the sums through wage increases. Sunday work (also nocturnal), considered more burdensome.
In summary, the Judiciary accepted the economic petitions of the worker on the assumption that CCNL applied, Compensatory rest For workers who work on Sundays, it does not adequately compensate those who – on par with public holidays – fail to promote their own love, friendship and passion.
Court decision and comprehensive jurisprudence on the matter
The appellate decision, in favor of the worker, took effect after the proceedings CassationBecause the employer contested:
Infringement or misapplication of articles. 2697 and 1226 CC, regarding the recognition of compensation (equivalent, up to 20% of hourly wages) for work performed on Sundays, without requiring Proof of overload of Sunday work.
The judges of Piazza Cavour had a very different opinion, according to which Work on Sunday This involves – always and more than proof – a large “burden” that must be adequately compensated with additional pay, even if the collective agreement does not expressly say so.
That’s not it. Building on its reasoning of the appellate judges, the Court of Cassation points out that the sentence of the second degree – contested by the appellant company – reflects its comprehensive jurisprudence on the subject of Sunday work (Cass. No. 21626/2013, No. 24682 / 2013, No. 12318/2011, No. 2610/2008).
In the recent judgment which decided the case in question, it is recalled that:
Work performed on Sunday, even if the weekly rest is postponed to another day, must be done. Compensation in any event with a What is more important? which, where not provided for by collective bargaining, may be determined by an arbitrator and may include Benefits that are not necessarily economic.without prejudice to the application of the provisions of the most favorable collective agreement.
Simply put, it doesn’t matter whether the collective agreement says anything about it or not: an employee who works on Sunday must receive the appropriate amount. Integration into pay slip which compensates for the sacrifice of one’s interests and free time on Sundays. And this will also apply in case of postponement of weekly rest to mid-week day.
The role of the judge and fair assessment of pay slip increments
The magistrate will establish compensation, including non-economic compensation (for example by granting additional days of rest) and may do so on the basis of law, i.e. civil Articles 1226 and 2697 of the Code. There is no need to provide any specific evidence of excessive Sunday workload and – indeed – the appellant’s sentence adequately followed the Supreme Court’s jurisprudence. Remembered and:
Based on the loss considered proved Assessment of more difficulty of Sunday work, for Maximum social experience.
This is the reason why The Supreme Court Reaffirmed that the janitor was in fact entitled to a 20 percent increase in hourly pay for Sunday work, which the judge fairly determined. Additionally, this judge also dismissed the employer’s appeal regarding the occupational classification, explaining that the previous decision was based on a sound logical legal procedure.
What changes?
with the Sentence number 31712 Last December 10th A court of law says that Sunday work – even in a case in which the CCNL specifically provides for the postponement of the weekly rest to another day – is, in any case, for its particular and intrinsic burden. Compensation should be given. Sunday work is heavier in its nature and does not require a greater expenditure of energy by the laborer, forced to develop personal affections and interests.
Returning to a strong jurisprudential trend, the Supreme Court has once again clarified that Sunday work Worth compensating with one in itself Increase in pay slip (We saw this recently with respect to overtime) – even in the absence of specific contractual provisions. That is, it is not enough to postpone rest to another day of the week.
Compensation is required by the court. For thateven in the form of non-economic benefits (such as extra rest days in addition to mid-week) and the court can decide the amount of this compensation based on the principle of equity. Clearly there is scope for a sentence of this kind that goes beyond the individual concrete case, as it affirms a valid rule for the generality of work done on Sundays and which protects their pay.
