I am an employer, my maid of indiana wants to go on vacation. What are your rights? There is specific legislation for domestic workers?
July 10, 2008 - Domestic workers, like the other employees are entitled to enjoy paid annual leave to get psycho-physical energy expenditure during work. It is an inalienable right recognized by the Italian Constitution to all employees, any agreement between the employer and the employee face to the surrender of leave is therefore void.
Collective agreements on working-class household determine the duration of the leave on the effective period of service. Entitlement to leave accrues during the probationary period.
The minimum duration of annual leave as working household is as follows:part-time workers with seniority up to 5 years are entitled to 15 vacation days;those with seniority of service over five years are entitled to 20 vacation days;
Full service workers or partners are entitled to 26 days of leave, regardless of the length of working time;hourly workers are entitled to 8 days of leave.
If the duration of employment is less than a year, the worker is entitled to one-twelfth of the holiday period as there are months of actual service (the villages of 15 days are treated as full month). The employer, consistent with their needs and those of the worker determines the period in which you can take advantage of accrued vacation, usually between June and September, is expected, however, the possibility that the parties agree otherwise.
The holidays should be enjoyed throughout the year and can not be split into more than 2 periods. However, foreign workers who need to enjoy a longer period of leave to return to their country of origin may, with the consent of the employer, combine the holiday of two years, meaning that they can skip the holiday of the year course is added to that of the following year in order to obtain a total period of 52 continuous days of rest.
The days of leave accrued and not taken is not lost but can be moved to a different date to be agreed with the employer. Only in exceptional cases specified by law, leave may be reimbursed by an allowance representing, for example, when the employment relationship ends, in which case the employer must pay compensation for leave not taken.
Holidays are automatically suspended during the holidays and during illness or injury; When these begin to run again for the set time.
During the absence from work due to leave the worker is entitled to the same salary that would be payable if he had provided his services. In particular, the employee is paid on a monthly basis it is, for each day of vacation, 1 / 26 of monthly salary, including any allowances for room and board if the employee is unmarried.
Example: If the employee has a salary of 600 euro per month, we must divide it by 26. So € 600/26. The daily wage shall be equal to € 23.08. If you partner, this amount should be added to the conventional value of the compensation board and lodging, which for 2008 amounts to € 4.773. So € 23.08 = € 4.773 € 27.853.
In the case of workers paid by the hour, to get the number of hours equal to one day of leave is necessary to refer to the number of hours in the preceding month and divide it by 26. This amount should be multiplied by the hourly rate agreed upon for the determination of pay for each day of leave.
Example: If the employee works 12 hours per week worked in the previous month and a total of 52 hours, the equivalent number of hours for each day of leave is obtained by dividing the number of hours worked (52) for 26, ie 2. If we consider an hourly wage of € 8.66, we can calculate that each day of leave must be paid with € 8.66 x 2 = € 17.32. It then multiplies the hourly wage by the number of hours leave.
During the period of leave the employer is also required to pay contributions, in the usual way.
In the event of termination of employment (only if the employee can not take advantage of days off before the end of the report) should be paid to the worker compensation for leave not taken replacement for the days of leave until accrued at that time. The daily allowance is equal to the salary of one day of leave. Even when the employment ceases during the year due to resignation or dismissal, the employee is entitled to one-twelfth of the holiday period as there are months of actual service provided.
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