Part-time: what do the Construction CCNL provide?


Emma Potter

CCNL Construction SMEs – Confimi

The national collective labor agreement of 28 October 2013 for employees of small and medium-sized construction and related industries adhering to Aniem-Confimi, effective from 1 June 2018 to 31 December 2011, provides forArticle 96-bis that the part-time employment relationship can be implemented with reference to every working day of the week (horizontal part-time)as well as to predetermined periods during the week of the month or year (vertical part-time).

The implementation methods of part-time work, vertical and horizontal, can be combined with each other within the scope of a single employment relationship, giving rise to the mixed part-time.

Part-time work may be used in compliance with the following principles:

  • voluntariness of both parties;
  • compatibility with the functional and organizational needs of the company;
  • reversibility of the performance from part-time to full-time in relation to company needs and when it is compatible with the tasks performed and/or to be performed;
  • applicability of the CCNL rules as they are consistent with the nature of part-time.

Written act
The establishment of the contract must take place with written document in which to indicate:

  • working hours with reference to the day, week, month or year;
  • any predetermined duration and other elements provided for by the CCNL for the full-time contract.

Transformation from full-time to part-time

The transformation of the contract from full-time to part-time (and vice versa) must take place with the consent of the parties, who can establish the conditions for the restoration of the original hours.

Extra work
For specific technical-organisational, production and administrative needs, the use of:

  • additional work performance in horizontal part-time, even on a fixed-term basis, up to 40 hours per week;
  • overtime work performance in vertical or mixed part-time work, even on a fixed-term basis.

For overtime hours, workers and employees are entitled to the following: ordinary salary increased by 20%.

CCNL Construction SMEs – Confapi

The national collective labor agreement of 1 July 2008 for workers in small and medium-sized construction and similar industries, in force from 1 October 2022 to 30 June 2024, contains part-time (Article 96-bis) the same provisions described for the SME Construction CCNL – Confapi.

Construction – Industry CCNL

The Construction – Industry CCNL of 19 April 2010, in force from 1 March 2022 to 30 June 2024, dedicates the period to part-time workArticle 78.

In addition to reiterating what has already been described for the collective agreement Edilizia pmi – Confimi, the agreement in question establishes that the organization of work on the building site “involves the use of part-time work by production workers as an occasional service”. In this regard, the labor costs of part-time workers employed on individual construction sites “cannot in percentage terms contribute more than 20% to the achievement of the adequacy indices of incidence of labor costs on the value of the work that the parties established in the joint notice of 17 May 2007” (article 78, CCNL).

Numerical limits
Without prejudice to the provisions of the legislation, pending the adoption of the above-mentioned criteria of appropriateness by the Construction Funds, the Contracting Parties establish that a construction company cannot hire part-time workers “for a percentage greater than 3% of the total number of workers employed on a permanent basis”.

In any case, the possibility of using at least one part-time worker remains in place, where this does not exceed 30% of the company’s full-time employees.

CCNL Construction – Cooperatives

The collective agreement of 24 June 2008 for employees of construction and related production and work cooperatives, in force from 1 March 2022 to 30 June 2024, follows toArticle 30-bis there part-time regulations established by the CCNL Construction – industry and Construction SMEs – Confimi.

In derogation from what has already been described, the Construction – Cooperatives agreement provides that the use of part-time employment for workers belonging to the following categories is permitted for a period of percentage not exceeding 5% of employees (belonging to the same categories) employed full-time:

  • employed workers or managers;
  • workers with the qualification of non-production workers with the exception of drivers;
  • workers with the qualification of workers classified in the fourth level and above of the professional classification system;
  • workers who request it due to health problems or the need for assistance.

CCNL Construction – Crafts

The CCNL of 23 July 2008, in force from 1 May 2022 to 30 September 2024, for employees of artisan companies and small and medium-sized industrial companies in the construction and related sectors, as well as following the provisions of the collective agreement Edilizia SME – Confimi , regarding limitations on the use of part-time work, provides theArticle 97 That the construction company “cannot hire part-time workers for a percentage greater than 3% of the total number of workers employed on a permanent contract”.

The possibility of employing remains unchanged at least one part-time workerwhere it does not exceed 30% of the full-time workers employed by the company.