Notice Periods and Termination Conditions in Domestic Work
According to the National Collective Labor Contract for Domestic Work, the terms of notice required for the termination of the employment relationship by both the employer and the worker. The notice varies depending on the length of service and the number of weekly working hours. For employment relationships of 25 hours or more per week, the notice period is 15 days up to five years of service and 30 days thereafter. For relationships of less than 25 hours per week, the terms are 8 and 15 days respectively based on seniority. Additionally, the notice periods for special workers such as doormen or custodians are specified in detail.
In cases of dismissal after maternity leave, the notice periods double. Compensation is provided for insufficient or absent notice, and conditions are established for dismissal without notice in situations of serious non-compliance. Workers who resign for just cause are entitled to compensation for lack of notice, and in the event of the employer's death, the relationship may be terminated by respecting the established notice periods.
Article 40 extends the responsibility for labor claims to the employer's cohabiting family members and establishes the obligation for the employer to provide a written termination statement upon the worker's request. These rules aim to ensure transparency and fairness in the termination of domestic employment relationships, protecting the rights of both workers and employers.
Art.40 Termination of Employment and Notice
1. The employment relationship can be terminated by either party with the following notice periods:
A. for relationships of no less than 25 hours per week:
- up to 5 years of service with the same employer: 15 calendar days;
- over 5 years of service with the same employer: 30 calendar days. The aforementioned terms will be reduced by 50% in the case of resignation by the employee.
B. for relationships of less than 25 hours per week:
- up to 2 years of service with the same employer: 8 calendar days;
- over 2 years of service with the same employer: 15 calendar days.
2. The notice periods referred to in the preceding paragraph will be doubled if the employer dismisses the employee within thirty-one days following the end of maternity leave.
3. For private caretakers, villa custodians, and other employees who, with their family, benefit from independent housing owned by the employer, and/or made available by the employer, the notice period is:
- 30 calendar days, up to one year of service,
- 60 calendar days for longer service. Upon the expiration of the notice period, the accommodation must be vacated, free of people and belongings not owned by the employer.
4. In case of no or insufficient notice, the withdrawing party owes compensation equivalent to the salary for the notice period not given.
5. Dismissal without notice may result from misconduct so severe that it does not allow even the temporary continuation of the employment relationship. The dismissal does not exclude any liabilities the employee may have incurred.
6. An employee who resigns for just cause is entitled to compensation for missed notice.
7. In the event of the employer's death, the relationship may be terminated with the respect of the notice periods indicated in this article.
8. Cohabiting family members, spouses, persons united by a civil union or stable de facto cohabitation according to the L. n. 76/2016 and subsequent amendments and additions, whose family status is certified by historical registry entry, are jointly liable for the work credits accrued by the worker. In any case, the jointly liable party is only responsible within the time limits resulting from the aforementioned historical registry entry.
9. If the employment relationship is terminated by dismissal, the employer, upon written request from the employee, must provide a written statement confirming the dismissal.
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Frequently asked questions
In the event of a lack of or insufficient notice, the withdrawing party is required to pay the other an indemnity equal to the remuneration corresponding to the notice period not granted. This applies to both the employer and the employee.
If the employer orders the dismissal before the thirty-first day following the end of maternity leave, the notice period must be doubled compared to the standard terms provided for in the contract.
The notice periods in the domestic national collective labor agreement (CCNL) vary based on the weekly working hours and the length of service with the same employer. For relationships of no less than 25 hours per week, the notice period is 15 days up to 5 years of service and 30 days over 5 years. For relationships under 25 hours, it is 8 days up to 2 years of service and 15 days thereafter. If the worker resigns, the periods are reduced by 50%.
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