Right to Weekly Rest in Domestic Work: Regulations and Compensations
Article 13 of the National Collective Labor Agreement for the domestic sector sets out the rules relating to the weekly rest of workers.
For live-in workers, the rest must be 36 hours, with 24 fixed hours on Sunday and the remaining 12 hours to be agreed upon during the week, during which the work cannot exceed half of the normally worked hours in a day.
Any work performed during the 12 hours of non-Sunday rest will be increased by 40%, unless the rest is moved to another day within the same week. Non-live-in workers are entitled to 24 hours of rest to be taken on Sunday.
Sunday rest is considered indispensable; however, in case of unforeseen needs, the worker will be entitled to an equivalent number of rest hours the following day, with Sunday working hours increased by 60%.
Finally, consideration is given to adapting the rest day according to the worker's religious beliefs, promoting flexibility and respect for cultural and religious diversity within the domestic work environment.
Art.13 Weekly Rest
1. The weekly rest period for live-in workers is 36 hours, and it must be taken for 24 hours on Sunday, while the remaining 12 hours can be taken on any other day of the week, agreed upon by the parties. On that day, the worker will perform their duties for no more than half of the normal daily working hours.
2. If work is performed during the 12 non-Sunday rest hours, it will be paid with the actual total pay increased by 40%, unless that rest is taken on another day of the same week different from the one agreed upon in the previous paragraph.
3. The weekly rest period for non-live-in workers is 24 hours and must be taken on Sunday.
4. The Sunday weekly rest is non-negotiable. If work is requested for unforeseen needs that cannot be otherwise met, an equal number of unpaid rest hours will be granted on the immediately following day, and the hours worked will be paid with a 60% increase on the actual total pay.
5. If the worker practices a religion that requires observance on a day other than Sunday, the parties may agree on the replacement of Sunday with another day for all contractual purposes; in the absence of an agreement, full application of the preceding paragraphs will apply.
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Frequently asked questions
For live-in workers, the weekly rest is 36 hours, of which 24 hours must be enjoyed on Sunday. The remaining 12 hours can be taken on another day of the week, agreed upon by the parties. On this day, the worker can be asked to work for no more than half of the hours normally worked in a day.
The work performed during the 12 hours of non-Sunday rest for live-in workers is compensated with a 40% increase in the total actual remuneration, unless the rest is recuperated on another day of the same week different from the originally agreed one.
For workers who profess a religious faith that requires the observance of a day other than Sunday, the parties (worker and employer) can agree to substitute Sunday with another day for weekly rest. In the absence of an agreement, the general rules provided for weekly rest, as detailed in the previous paragraphs of the article, will be fully applied.
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