Regulated Working Hours and Conditions in the Domestic Sector
Article 14 of the National Collective Labor Agreement (CCNL) for the domestic sector establishes the rules regarding the duration of working hours, distinguishing between live-in and non-live-in workers. Live-in workers can work up to 54 hours per week, divided into 10 non-consecutive hours per day, while non-live-in workers have a limit of 40 hours per week over 5 or 6 days. For certain categories, such as live-in workers at levels C and B or students, flexibility is allowed with a maximum of 30 hours per week and variations in schedules. The article also addresses mandatory breaks, the payment methods for night and overtime hours, as well as meal and rest conditions. Furthermore, the possibility for employers to hire additional staff to cover the rest hours of the main workers is outlined, with specific pay provisions. All these regulations aim to ensure a balance between work needs and the well-being of domestic workers, laying the groundwork for a fair work environment that respects individual needs.
Art.14 Working Hours
1. The normal duration of working hours is as agreed upon by the parties and, in any case, subject to the provisions of paragraph 2, with a maximum of:
a) 10 hours per day, non-consecutive, totaling 54 hours per week, for live-in workers;
b) 8 hours per day, non-consecutive, totaling 40 hours per week, distributed over 5 days or 6 days, for non-live-in workers.
2. Live-in workers classified in levels C, B, and B super, as well as students aged between 16 and 40 years attending courses leading to a qualification recognized by the State or by Public Entities, can be employed in residency arrangements even with working hours up to 30 hours per week; their working hours must be organized in one of the following ways:
a) entirely between 6:00 AM and 2:00 PM;
b) entirely between 2:00 PM and 10:00 PM;
c) entirely placed, up to a maximum of 10 non-consecutive hours per day, on no more than three days a week.
These workers must be paid, regardless of the work hours observed within the maximum limit of 30 hours per week, a salary equal to that provided for in table B attached to this contract, without prejudice to the obligation to provide full compensation in kind. Any work performed beyond the actual working hours agreed upon in the written agreement mentioned in the following paragraph 3 will be paid with the actual global hourly wage, if scheduled within the type of time arrangement adopted; work scheduled outside of such arrangement will in any case be paid with the actual global hourly wage with the increases provided for by art. 15.3. Employment under paragraph 2 must be documented by a written agreement, drafted and signed by the employer and the worker, showing the agreed actual working hours and their placement within the time arrangements specified in paragraph 2; all the provisions regulated by this contract apply entirely to workers employed in this way. By means of a written agreement, drafted and signed by the employer and the worker, containing the same elements, the residency arrangement with the normal working hours agreed upon pursuant to paragraph 1 may be transformed into the residency relationship referred to in paragraph 2 and vice versa.
4. Live-in workers are entitled to a rest period of at least 11 consecutive hours within the same day and, if their daily hours are not entirely between 6:00 AM and 2:00 PM or between 2:00 PM and 10:00 PM, to an unpaid intermediate rest, usually in the afternoon hours, not less than 2 actual rest hours per day. During this rest, the worker may leave the employer's residence, always ensuring that this break is used for the effective recovery of psychophysical energy. Consensual recovery and under normal conditions of any non-worked hours is permitted, up to a maximum of 2 hours per day.
5. The scheduling of working hours is determined by the employer, within the duration set in paragraph 1, for full-time live-in staff; for live-in staff with reduced hours or non-live-in staff, it is agreed upon by the parties.
6. Except as provided for the relationships in the previous articles 10 and 11, night work is considered to be that performed between 10:00 PM and 6:00 AM, and is compensated, if ordinary, with a 20% increase on the actual global hourly wage, if overtime, as it is performed beyond the normal working hours, as provided by art. 15.
7. Personal care and maintenance of personal belongings, apart from those of service, will be performed by the worker outside working hours.
8. A worker who is required to observe a daily schedule equal to or exceeding 6 hours, if continuous presence at the workplace is agreed upon, is entitled to a meal, or if not provided, an allowance equal to its conventional value. The time needed to have the meal, since it is time spent without performing work tasks, will be agreed upon by the parties and unpaid.
9. An employer who has one or more full-time employees assisting non-self-sufficient individuals classified in levels CS or DS can hire one or more workers, whether live-in or not, to be classified in levels CS or DS, with tasks limited to covering the daily and weekly rest hours of the workers responsible for the care. Such work will be paid based on table “G” and table “F” concerning board and lodging allowances as per art. 36, where applicable.
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Frequently asked questions
According to the article of the domestic collective labor agreement, the standard working hours for live-in workers are a maximum of 10 non-consecutive daily hours, for a total of 54 weekly hours. For live-out workers, a maximum of 8 daily hours is allowed, spread over 5 or 6 days, for a total of 40 weekly hours.
Household workers classified in levels C, B, and B super, as well as students between the ages of 16 and 40 attending recognized study courses, can be employed under a working hours regime of up to 30 hours per week. This schedule can be entirely organized within the time slots between 6:00 AM and 2:00 PM, between 2:00 PM and 10:00 PM, or distributed over not more than three days a week for a maximum of 10 non-consecutive hours per day. Their compensation will be that specified in table B of the contract, regardless of the hours worked, up to a maximum of 30 hours per week.
Night work, defined as work performed between 10:00 PM and 6:00 AM, is subject to a 20% wage increase if it is regular, and in accordance with the provisions of Article 15 if it is overtime. For workers required to provide continuous services of at least 6 hours per day, a meal is provided or, alternatively, an allowance equal to the conventional value of the meal. The time dedicated to the meal is agreed upon between the parties and is not paid.
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