Right to Protection: Leave for Female Workers Victims of Gender Violence in the CCNL
The article in question of the National Collective Labor Agreement (CCNL) establishes the rights of workers included in protection pathways related to gender-based violence. According to current legislation, these workers have the right to abstain from work for reasons connected to the protection pathway for up to three months, upon certification by the social services of the Municipality of residence or by anti-violence centers or shelters.
A seven-day notice is required to the employer, along with certification of inclusion in the protection pathways. During the leave period, the worker is entitled to receive an allowance corresponding to the last salary, covered by notional contributions, provided by INPS. The leave period is considered for the purposes of service seniority and the accrual of benefits such as vacation and the thirteenth monthly salary.
The worker can take the leave on an hourly or daily basis over a span of three years, with the possibility to choose the mode of use in the absence of an agreement with the employer. This article emphasizes the importance of protecting female workers victims of gender-based violence, ensuring them adequate support in the workplace context.
Art.21 Leave for Women Victims of Gender-Based Violence
1. Pursuant to the provisions and for the purposes of Art. 24 of Legislative Decree 80/2015 and subsequent amendments and additions, a female worker included in protection programs related to gender-based violence, duly certified by the social services of her municipality of residence or by anti-violence centers or shelters, has the right to abstain from work for reasons related to the protection program for a maximum period of three months.
2. For the purpose of exercising the right under this article, the female worker, except in cases of objective impossibility, is required to notify her employer with a notice of no less than seven days, indicating the start and end of the leave period and providing certification of participation in the programs mentioned in the previous paragraph.
3. The leave period is counted for all purposes related to service seniority, as well as for the purposes of accruing annual leave, the thirteenth salary, and severance pay.
4. During the leave period, aside from what is provided in paragraph 3, the female worker is entitled to receive an allowance corresponding to her last salary, and this period is covered by notional contributions. The allowance is paid directly by INPS, following a request submitted to the Institute by the entitled person, according to the procedures provided for the payment of maternity benefits.
5. The leave may be taken on an hourly or daily basis over a period of three years, as agreed between the parties. In the absence of an agreement, the female worker can choose between daily and hourly use, provided that hourly leave is allowed up to half of the daily average hours of the pay period immediately preceding the one in which the leave begins.
Risposte a domande comuni
Respuestas a preguntas comunes
Frequently asked questions
The workers who are victims of gender violence, duly certified by the social services of the Municipality where they reside, anti-violence centers or shelters, have the right to abstain from work for a maximum period of three months for reasons related to protection pathways.
The worker must notify the employer with a notice period of no less than seven days, specifying the start and end of the leave period. She is also required to provide certification proving her inclusion in the protection pathways related to gender violence.
During the leave period, the worker is entitled to receive an allowance corresponding to the last salary, and the period is covered by credited social security contributions. This allowance is paid directly by INPS, following an application submitted by the entitled person. Moreover, the leave is counted for the purposes of seniority, as well as for the accrual of vacation, the thirteenth month's salary, and the severance pay.
Conosci quali sono i tuoi diritti e doveri come datore di lavoro domestico
Informati sui tuoi diritti e doveri come datore di lavoro domestico. Visita la nostra pagina dedicata per avere tutte le informazioni necessarie a garantire un rapporto di lavoro equo e rispettoso, assicurando un ambiente di lavoro sereno e produttivo per tutti.
Scopri di più
.jpg)
