Notice: What do the construction collective bargaining agreements provide?

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Emma Potter

Construction Crafts

The CCNL Edilizia artigianale of 23 July 2008 in force in the period 1 May 2022 – 30 September 2024 differentiate the notice applicable in the event of resignations and dismissals, between workers and employees.

L’Article 33 of the collective agreement establishes that once the probationary period has passed (during which notice does not apply), the dismissal or resignation of theworker may take place in any working day with notice which, in light of the particular characteristics of the building, is set at:

  • seven working days for workers with up to three years of uninterrupted seniority;
  • ten working days for workers with uninterrupted seniority of more than three years.

Lack of notice

The party withdrawing from the contract (the company in the case of dismissal, the worker in the case of resignation) and does not respect the notice is required to pay the other party compensation equal to the amount of remuneration that would have been due for the notice period itself.

If the company fails to observe the notice of dismissal, the payment of an indemnity in the paycheck is provided. On the contrary, when it is the latter who does not respect the notice of resignation, the employer withholds a sum as a fee for failure to give notice.

Employees

L’Article 72 the CCNL regulates, in the event of termination of an employee’s permanent contract, different notice periods based on:

  • seniority of service in the company;
  • employee classification level.

Notice periods are directly proportional to the increase in theseniority he was born in employment level. For example, an employee who has exceeded five years of service (and not ten) classified in the fourth category has a notice period of one and a half months. Conversely, for those who have exceeded ten years of service and are classified in the first super category, the notice period increases to four months.

The terms set by the CCNL run from the middle or end of each month.

The collective agreement also provides, in the event of resignation, notice periods halved compared to those described below for dismissals:

Seniority Level Forewarning Event
Up to five years of service First category super / first category Two months Dismissal
Second category and fourth level technical assistants A month and a half
Third, fourth and fifth category first employment A month
Over five years of service and not ten First category super / first category Three months
Second category and fourth level technical assistants Two months
Third, fourth and fifth category first employment A month and a half
Over ten years of service First category super / first category Four months
Second category and fourth level technical assistants Three months
Third, fourth and fifth category first employment Two months

Cooperative building

In the wording in force from 1 March 2022 to 30 June 2024, the CCNL Edilizia cooperative of 24 June 2008 and Edilizia industria of 19 April 2010 regulate (respectively Articles 72 And 32) the notice for the workers along the lines of the collective agreement for the craft sector.

With regard to the employees (Articles 101 for cooperatives and 71 for industry) the basic rules are the same as those of the CCNL Edilizia artigianale (in the sense of providing for different terms based on seniority of service and classification level) with a different length of notice, both for dismissals and for resignations.

PMI Construction – Confapi

The collective agreement Edilizia pmi – Confapi of 1 July 2008 in force from 1 October 2022 to 30 June 2024 provides for the workers (Article 32) who have passed the probationary period, in the event of dismissal or resignation (not determined by just cause) which may however take place on any day, a notice period which, taking into account the particular characteristics of the construction industry, is established as:

  • one week, for workers with up to three years of uninterrupted seniority;
  • ten calendar days for workers with uninterrupted seniority of more than three years.

Employees

For employees with the clerical qualification the terms of noticeapplicable to permanent contracts once the probationary period has passed, are differentiated based on theseniority of service in the company and at employment level.

The timeframes described in theArticle 71 of the CCNL are reduced by half in the event of resignation.

Please note that the terms run from the middle or end of each monthconsidering as the longest notice period the days possibly elapsing between the actual communication to the other party and the middle or end of the month.

PMI Construction – Confimi

The collective agreement Edilizia PMI– Confimi of 28 October 2013 in the wording in force from 1 June 2008 to 31 December 2011 does not fail to regulate notice for workers and employees.

L’Article 32 of the CCNL regulates the notice period for the workers along the lines of the collective agreement for Construction for SMEs – Confapi.

Same situation as theArticle 71 for the notice periods of the employees.