De Luca & Partners

JOBS ACT: PART-TIME CONTRACT BECOMES SIMPLER

The code of contracts brings some significant changes to laws regarding part-time work. To cite only the most important ones, in terms of overtime the reform states that the employer’s request for performance of overtime may regard more than just single days, but also weeks or months and, even without specific collective provisions, the employer can ask the employee to perform additional work compared to the reduced hours, for up to 25% of the agreed upon weekly hours of work. The worker, in turn, may refuse to perform the overtime work if he demonstrates proven work, health, family or professional training reason. Another innovation, again aimed at simplification, regards superseding of the distinction between “elastic” and “flexible” clauses, combining both cases into a single definition of “elastic” clauses possible also in the absence of a relative inclusion in collective bargaining as long as they are signed at certification commissions. Again the reforming interventions concerning part-time work seem aimed at simplification, flexibility and greater liberty of determination of the parties, the main principles used as inspiration for the reform of contract types.

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