Thursday, October 29, 2009

Domestic workers: how to calculate the holidays?

Domestic workers: how to calculate the holidays?

I am an employer, my Moldovan domestic workers want to go on vacation. What are her rights? There is a special law for domestic workers?

Domestic workers, like other employees are entitled to enjoy paid annual leave, to recover the psycho-physical energy expenditure during the 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 leave in relation to the actual periods of employment. The leave entitlement will accrue during the trial period.Art. 18 of the Negotiable governing leave of domestic workers by establishing that: Whatever the duration of working for each year of service with the same employer, the worker is entitled to a period of leave of 26 working days. If the period of employment is less than a year, the worker is entitled to so many twelfths of the holiday period as there are months of actual service provided (fractions of 15 days are considered full month). The employer, consistent with their needs and those of the worker determines the period in which you can take advantage of the leave accrued, usually between June and September, is expected, however, the possibility that the parties agree otherwise.The holidays should be enjoyed throughout the year and may be divided into more than 2 periods. However, foreign workers who need to enjoy a longer period of leave to return to his country of origin may, with the consent of the employer, the accumulated leave for two years, meaning they can skip the holiday of the year course and added to those of the following year so as to obtain a total period of 52 days off continuously.The days of leave accrued but not taken is not lost but can be moved to a different date to be agreed with the employer. Only in exceptional cases expressly provided by law leave may be reimbursed with a replacement allowances, such as when the employment relationship ends, in which case the employer is obliged to pay compensation for leave not taken.The holidays are automatically suspended during the holidays and the period of illness or injury, these terminate shall begin again as the time limit. During the absence from work due to leave the worker is entitled to the same emoluments that would accrue if it had given its performance. In particular, the employee paid on a monthly basis it is, for each day of vacation, 1 / 26 of monthly salary , inclusive of any allowance for board and lodging if the employee is unmarried.Example: If the employee has a salary of 600 euros per month, we must divide by 26. So € 600/26. The daily wage will be equal to € 23.08. If you lived with, 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 give 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 by 26. This amount should be multiplied by the hourly rate agreed upon for determining the remuneration of each day's holiday.Example: If the employee works 12 hours a week and worked in the previous month 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 or 2. If we consider an hourly wage of € 8.66, we can calculate that each day of leave must be paid from € 8.66 x 2 = 17.32 €. Then multiplies the hourly wage by the number of hours leave.During the period of leave the employer is also required to pay contributions, with 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 then accrued. The daily allowance is equal to the salary of 1 day of leave. Even when the employment ceases during the year due to resignation or dismissal, the employee shall enjoy many twelfths of the holiday period as there are months of actual service provided.

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