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Violation of Working Hours and Workplace Safety

Legislative Decree No. 213/2004 outlines measures to improve safety and health standards in relation to working hours. Below are the main points of the decree, including potential penalties for non-compliance by employers.

Normal Working Hours

Employers requiring their workforce to work more than 40 hours per week are committing an administrative offense punishable by a fine ranging from €25 to €154, with a reduced penalty of €50 (per Law No. 689/1981).

In cases of aggravation—where non-compliance affects more than five workers or occurs for over 50 days within a calendar year—the fine increases to a range of €154 to €1,032, and reduced payment is not allowed.

Maximum Working Hours

The decree sets the maximum average working hours at 48 hours per week, including both regular and overtime hours. While collective agreements may define this limit, employers must ensure compliance within their organizational framework, whether rigid or multi-periodic.

Weeks exceeding 48 hours of work are permissible if, within the reference period (four, six, or twelve months), there are compensatory weeks with reduced working hours, maintaining the overall legal average.

This limitation also applies to apprentices and adolescents, but not to minors, who are protected under Law No. 977.

Overtime

Overtime, which should be kept to a minimum, is permitted up to a legal limit of 250 hours per year, unless exceptional events, force majeure, or collective agreements allow for exceeding this limit.

Administrative violations occur when quantitative or typological overtime limits are exceeded.

Exceeding 48 Hours per Week

The decree mandates employers to notify the Provincial Labor Directorate – Labor Inspection Service whenever weekly working hours exceed 48.

This obligation applies to all production units with more than ten employees and covers both public and private sector workers.
Exceptions include:

  • Workers whose schedules balance out over the long term.
  • Workers whose additional hours beyond 40 do not constitute overtime.

Daily Rest Period

Employees must receive an uninterrupted minimum daily rest period of 11 hours within a 24-hour period, limiting daily working hours to a maximum of 13 hours, including breaks.

Non-compliance with daily rest requirements results in administrative fines ranging from €105 to €630.

Annual Leave

Employers are required to provide:

  • At least two weeks of leave during the year of accrual.
  • Two consecutive weeks of leave upon the employee’s request during the year of accrual.
  • An additional two weeks of leave within 18 months following the accrual year.

Failure to comply with these requirements constitutes an administrative offense, subject to fines ranging from €130 to €780 per worker and per violation period.

This summary emphasizes the importance of adhering to working hours and rest periods as stipulated by law to ensure compliance and safeguard employee well-being.