Rules on Overtime Work in the Domestic Work National Collective Labor Agreement (CCNL) Description:
Article 15 of the National Collective Labor Agreement for the domestic sector outlines the conditions and methods of overtime work. Workers may be required to work beyond normal hours, provided it does not compromise their right to daily rest and there are no justified reasons for impediment.
Overtime is defined as work that exceeds the maximum daily or weekly duration established and must be compensated at a higher rate: 25% for daytime hours, 50% for nighttime hours, and 60% during holidays or Sundays (or the equivalent for those who observe religious rest on another day).
For non-resident workers, hours exceeding the 40 weekly, up to 44 and done during the day, are increased by 10%. Requests for overtime work must be communicated at least one day in advance, except in emergencies or unforeseen necessities, where hours worked during rest periods are compensated by extending the subsequent rest period.
Art.15 Overtime Work
1. An employee may be asked to work beyond the established hours, both day and night, unless there is a justified reason for not doing so. In no case should overtime work compromise the right to daily rest.
2. Overtime is considered to be that which exceeds the daily or weekly maximum duration set in art. 14, paragraph 1, letters a) and b), unless the extension has been previously agreed for the recovery of unworked hours.
3. Overtime is compensated with the actual hourly gross pay increased as follows:
- by 25% if worked from 6:00 a.m. to 10:00 p.m.;
- by 50% if worked from 10:00 p.m. to 6:00 a.m.;
- by 60% on one of the holidays indicated in art. 16 or on Sundays; in the case of a religion that observes a different holy day, this day will be subject to Sunday work regulations.
4. Working hours performed by non-resident workers, exceeding 40 and up to 44 hours per week, provided they are executed between 6:00 a.m. and 10:00 p.m., are compensated with actual hourly gross pay increased by 10%.
5. Overtime work must be requested with at least one day's notice, except in cases of emergency or unforeseen special needs.
6. In case of emergency, work performed during night and day rest periods is considered normal and will only result in an extension of the rest period; such work must be absolutely sporadic and unforeseeable.
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Frequently asked questions
The worker may be required to perform overtime hours beyond the established working hours, both during the day and at night, unless there is a valid reason preventing the worker from doing so. However, overtime work must never compromise the worker's right to daily rest.
Overtime hours are compensated with increased pay: 25% if worked between 6:00 a.m. and 10:00 p.m., 50% if worked between 10:00 p.m. and 6:00 a.m., and 60% if worked during holidays indicated in article 16 or on Sundays. If the worker practices a religion that observes a rest day on a different day than Sunday, that day will be subject to the same rules applied to Sunday work.
For non-live-in workers, overtime hours exceeding 40 hours per week and up to a maximum of 44 hours, if performed between 6:00 AM and 10:00 PM, are compensated with a 10% higher wage. Overtime hours must be requested with at least one day's notice, unless there are emergency situations or unforeseen special needs.
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