| Ministry of Labour, Lett. circular of 12 May 2009 paid daily schedules permits are governed by Article. Decree 39 of March 26, 2001, No 151. These permits allow the absence from work, during the 1st year of life of the daughter or son, for 1 or 2 hours per day, depending on the work schedule is less than 6 hours, or less than. They are available in a single period or even usually divisible into two periods, must be formally notified in advance to your employer who is required to do so. Hours of breastfeeding should be enjoyed every day at the times you want and can not be combined across multiple days and be enjoyed in a later or earlier in the day than those to which they relate. You remember, then, that in the event of a multiple birth, rest periods are doubled and the additional hours in art. 41, You may also be used by his father. The daily rest not result in any pro rata reduction in holidays and thirteenth month, continuing to compete for workers entitled to pay in full, in relation to the effective use of these permits, in itself indispensable. The rest of the day father The Consolidation Act on protection of motherhood and fatherhood, contained in Legislative Decree 151/2001, after disciplined art. 39 entitled to daily rest periods of working mothers during the first year of the child's life, strictly fixed assumptions and conditions that give rise to the same right to his father, in particular: a) when the child is entrusted exclusively to the father; b) alternative his mother an employee who does not take advantage; c) when the mother is not a worker; d) in case of death or serious illness of the mother. The explanations INPS So far, the father could not enjoy the hours of daily passes because when his wife was a housewife to working mother employees not it was intended mother worked as a self-employed (craftsmen, shopkeepers, farmers, colon, Mezzadra, farmer training, and freelance parasubordinate) and mother who was in a state of unemployment. This interpretation was confirmed by INPS by Circular No 8 of 17 January 2003 and the next No 95-bis of the September 6, 2006, which expressly denied the father's right to rest days if the mother is not working, because - it says that right-of his father continues to be "derived" from that of the mother and whether the mother did not have the right, as no employee has the right not even the father. The jurisprudence was different address instead of the prevailing administrative justice, to include in the favorable case of "employee working mother" the woman home. The sixth section of the State Council, in fact, by Decision No 4293 September 9, 2008, recognized recently by the working father with a wife the right home to enjoy the daily rest periods. The constitutional body has come to this conclusion by considering two aspects: the fact that many areas the figure of the Order regarded as home-working (see Court of Cassation, sez. III, No. 20324 of October 20, 2005) and then purpose of the provision itself. The latter was created to give support to the family and maternity benefits as provided by art. 31 of the Constitution and, therefore, primarily to ensure the care of the newborn when the mother (even if not employed or self) is engaged in such activities that can distract even the daily care of home and family. daily rest period (ex allowed for breastfeeding) By 1 year of age the child can recognize the mother (Article 39): • 2 hours per day even if the cumulative time is less than 6 hours • 1 hour if the time work is less than 6 hours • 1 hour when the worker qualifies for the nursery or other suitable structure, established by the employer holding multiple birth (Article 41).: rest periods are doubled and hours in addition to those described above can also be used by his father The rest are recognized to the working father (Article 40): • when the child is entrusted to the father instead of the mother • Employees who did not take advantage • when the mother is not working employee • in case of death or serious illness of the mother Assuming mother working employee, the employee must also be taken home (see Council of State , sect. VI, No. 4293/2008, Supreme Court, sect. III, No. 20324/2005 and circular of the Ministry of Labour on 12 May 2009) The daily rest periods are unpaid, do not involve any reduction or leave the Thirteenth months. If the mother is on parental leave, the father has no right to enjoy the daily rest If the father is on parental leave, the mother can use the rest Daily If the mother is on maternity or parental leave (only in the case of multiple births), the father can use the additional hours in art. 41 source Il Sole 24 ore LABOUR LAW |
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