La cessione dei riposi e delle ferie secondo l’art. 24 del d.lgs. n. 151/2015 = The transfer of rest and holidays according to art. 24 of Legislative Decree no. 151/2015. WP C.S.D.L.E. “Massimo D’Antona”.IT – 299/2016

Voza, Roberto (2016) La cessione dei riposi e delle ferie secondo l’art. 24 del d.lgs. n. 151/2015 = The transfer of rest and holidays according to art. 24 of Legislative Decree no. 151/2015. WP C.S.D.L.E. “Massimo D’Antona”.IT – 299/2016. [Policy Paper]

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Abstract

The paper deals with the new work-life balance improvement mechanism introduced by art. 24 of Legislative Decree n. 151/2015, namely allowing employees to donate unspent time-off to colleagues. Preliminarily, the author compares this standard with the one introduced by the French legislature in 2014 (Loi Mathys), analyzing the differences. While the French law requires an agreement with the employer, the Italian provision does not have that effect. In addition, the Italian standard is slightly more restrictive as regards the chronological age of the child of the employee who benefits from the donation: whereas in France it is less than twenty years, in Italy, the child must be under-aged. The French law requires that employees donate their days off anonymously and the employer can not disclose their identity. Moreover, it specifies more - by reference to the concepts of illness, disability or injuries of such severity that the constant presence of the parent is required - those that the Italian legislature simply states as "special health conditions." The main difference is in the immediate operability of the institute introduced by the French standard, which does not need any intervention by the collective bargaining, which - however - our legislature assigns the task to determine the extent, terms and conditions of the time-off gifting. Subsequently, the paper analyzes the legal form of the gifting: this is a bilateral negotiating transaction between the transferor and transferee, which the employer is unrelated to, that can be assimilated to the donation, concerning its own time, or rather the right to take time off work. The demands which legitimize the gifting are represented by the need - for the worker - to care for their seriously ill minor children who need constant assistance. Finally, since the standard is enshrined in the intervention of collective bargaining the paper examines the few collective agreements so far issued on the subject.

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