Key points of the online meeting of 05.06.2024: restrictions for men abroad, the colf employment contract

Topic 1. Restrictions for men abroad (as of 05.06.24)

The Mobilisation Law #10449, which came into force in Ukraine on 18 May, requires men aged 18 to 60 to update their personal data in connection with the legal regime of martial law and the declared mobilisation. This is so that the state knows exactly how many citizens are on the military register. The data must be updated by 16 July 2024.

There are three ways to do this:

• The “Reserve+” app;
• at the territorial recruitment and social support centres (TCC and SP);
• at a TsNAP, an Administrative Services Centre.

The “Oberih” register is a project of the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists.

“Oberih” is filled with data from various state registers, as well as information collected by TCC and SP staff.

Under Government Resolution No. 563, Ukrainian citizens who were removed from the military register because they left Ukraine for more than three months must register for military service again by 16 June. This means that all men aged 18 to 60 who have spent a long time abroad must appear in person at a territorial recruitment and social support centre (TCC).

Ukrainian men and women liable for military service (doctors and pharmacists) who are abroad are therefore registered on the same principles as those who are in the country.

Meanwhile, conscripts, persons liable for military service and reservists who travel abroad are no longer removed from the military register at the TCC.

“As for 17-year-old Ukrainians who are currently

abroad: the relevant resolution has already been drafted, it is

now going through the approval process and will

shortly be adopted. Pre-conscripts and conscripts who are currently abroad will be granted a deferral of registration – either until they return to Ukraine or until the end of martial law.”

In certain cases, services may be provided to Ukrainian citizens without military registration documents.

These cases include:

• Issuing a “white passport” for returning to Ukraine
• Issuing documents for a child whose other parent is a foreign national or a stateless person
• Services for persons under arrest or deprived of their liberty

If a Ukrainian citizen finds themselves in an emergency abroad (a road accident, detention, a natural disaster or another emergency), staff of Ukraine’s consular service will provide the necessary consular assistance in full, within the limits of the law.

An expired international passport can cause serious problems for Ukrainians abroad, even if they hold an Italian identity card (Carta d’identità). Even with this card, there are a number of situations in which it may not help:

• Renewing a residence permit (permesso di soggiorno)
• Renewing a driving licence
• Signing formal employment contracts
• Loss of legal status: citizens who are unable to renew their documents may find their legal status at risk. This can lead to deportation or other legal problems.
• Without a valid passport, some citizens may in effect become apolidi, that is, stateless persons, which would make their lives and their legal status in the host country considerably more difficult.

Topic 2. The domestic work contract. Duties. Letter of employment (lettera di assunzione)

Employment contract of a domestic worker (colf)

The domestic worker’s employment contract (also known as the letter of employment, Lettera di assunzione) is drawn up in writing in two copies (one for each party), is signed by both parties and must contain the following details:

the start date of employment;

type of contract: fixed-term (tempo determinato) / permanent (tempo indeterminato); full time (full time; tempo pieno) / part time (part time; tempo ridotto);

personal details of the employer and the worker (*for a badante, i.e. a care worker: the professional level under the CCNL Lavoro Domestico, the national collective agreement for domestic work);

place of work;

the housekeeper’s job title and level;

working hours (hours of work; full or part time);

the agreed pay;

probation period (if any);

live-in or live-out arrangement;

board and lodging (for a convivente/non convivente worker);

agreed holidays;

Confidentiality: to protect the family’s privacy;

CCNL: if the employer is a member of an employers’ association;

Other terms, for example: time off for personal reasons; extra pay for additional hours worked; agreements on the worker’s vaccination, and so on.

What documents are needed to hire a colf?

If the domestic worker is Italian, the identity documents required for hiring are a valid identity card and tax code (carta d’identità valida ed il codice fiscale).

If the worker is a foreign national, the required documents are a valid residence permit (permesso di soggiorno valido), a passport, an identity card and a tax code (carta d’identità valida ed il codice fiscale). In some cases the following may also be requested: certificates and diplomas from vocational training courses; health and social insurance documents (documenti assicurativi e previdenziali); and any health documents, updated in line with current regulations.

For the employer: a valid identity card and tax code (carta d’identità valida ed il codice fiscale).

Once all the contractual aspects have been clarified and both the employer and the worker have all the necessary documents, the employment contract can be drawn up and signed.

Qualification levels of a domestic worker or housekeeper (colf)

When hiring a domestic worker or housekeeper (colf), the employment contract must state the appropriate qualification level, chosen on the basis of the worker’s duties and experience.

As a rule, if we need a housekeeper for a set number of hours a week, we can agree an hourly, live-out contract at level A or B.

LEVEL A (This level covers family assistants without professional experience (gli assistenti familiari senza esperienza professionale) who do purely operational work, without making decisions of their own (lavoro a livello esecutivo), under the employer’s direct supervision, in the following profiles (profili)):

Responsible solely for cleaning the house (addetto esclusivamente alla pulizia della casa);

Laundry worker only (addetto esclusivamente alla lavanderia);

Kitchen assistant: only helps the cook (aiuto cuoco. Svolge solo mansioni di supporto al cuoco);

Stable hand (groom): cleans the stable and looks after the horse (Stalliere. Svolge mansioni di pulizia della stalla e cura del cavallo);

Responsible for cleaning and watering green areas (addetto alla pulizia ed annaffiatura delle aree verdi);

General labourer: does heavy work, both major cleaning and small maintenance jobs (Operaio comune. Svolge mansioni di fatica, sia per le grandi pulizie, sia piccoli interventi di manutenzione).

LEVEL B (This level covers family assistants in the following profiles who carry out operational duties with experience (con esperienza le mansioni a livello esecutivo)):

Multi-purpose general helper (Collaboratore generico polifunzionale): carries out the many tasks of everyday family life, such as cleaning the house and doing the laundry.

Caretaker of a private home (Custode di abitazione privata): keeps watch over the employer’s home;

Ironing worker (Addetto alla stireria): does the ironing.

Waiter/waitress (Cameriere);

Gardener (Giardiniere);

Skilled worker (Operaio qualificato): carries out maintenance tasks;

Driver (Autista);

Tidying rooms and serving breakfast, including for the employer’s guests (Addetto al riassetto camere e servizio di prima colazione anche per ospiti del datore di lavoro).

LEVEL C (This level covers family assistants who work as cooks (Cuoco))

LEVEL D (This level covers family assistants who, meeting the relevant professional requirements, hold specific positions characterised by responsibility and autonomy in decision-making, in the following profiles):

– Manager of the family’s assets (Amministratore dei beni di famiglia);

– butler (Maggiordomo);

– housekeeper/governess (Governante);

– Head cook (Capo cuoco);

– Head gardener (Capo giardiniere);

– Tutor: provides teaching and/or upbringing for members of the family (Istitutore. Svolge mansioni di istruzione e/o educazione dei componenti il nucleo familiare).

The procedure for hiring a colf

The notice of employment (comunicazione di assunzione) is sent electronically (telematicamente) to INPS (National Social Security Institute) no later than 24 hours before the employment begins, even if the deadline falls on a public holiday, as is often the case.

This notice is received automatically by INPS, INAIL (National Institute for Insurance against Accidents at Work), the Ministry of Labour and Social Policies, the Ministry of Health and the relevant Prefettura (prefecture).

Notifying INPS is compulsory and must be done whether the housekeeper is on probation, already works for another employer or has another occupation, works irregularly, is retired, or is a foreign national.

The hiring can be cancelled (annullamento dell’assunzione) within 5 days of the notice, again electronically through INPS. After that, what has to be reported is the termination of the employment relationship (la cessazione del rapporto di lavoro).

Once the domestic worker has been hired, the employer must draw up a payslip (la busta paga) every month, together with an attendance record (prospetto presenze), in two copies: one is given to the worker, and the other is signed by the worker and kept by the employer.

INPS contributions (contributi inps) must be paid every quarter (ogni trimestre) with a MAV payment slip, which is generated automatically online on the INPS portal or delivered directly to the home of the employer, who must pay it by the set deadline.

At the end of the year (a fine anno) the worker is entitled to an extra month’s pay (una mensilità aggiuntiva/ tredicesima) equal to the monthly salary; for workers who have not yet completed a year of service (che non raggiungono un anno di servizio), it is calculated in proportion to the time worked.

Working schedule and hours of a colf

Domestic work (colf) is in high demand, especially in large cities, and can be done:

– full time (a tempo pieno);

– part time (part time).

This obviously depends on the family’s needs. A family may need, say, a permanent live-in cleaner (colf fissa convivente). In that case the national collective agreement for domestic work (Contratto nazionale del lavoro domestico) provides for a 54-hour working week.

If the housekeeper works full time without living in (a tempo pieno, senza convivenza), working time is 40 hours a week.

There is no minimum number of hours, but for part-time work the employment contract must clearly state the housekeeper’s working hours (that is, on which days and at what times the housekeeper comes to work for the family).

Nothing prevents the employer from deciding, over time, to increase the domestic worker’s hours, or from amending the contract with the worker’s consent (con il consenso della lavoratrice).

Employment contract of a care worker

(badante)

This type of employment contract governs the relationship between the family worker and the employer. The employer is the person who chooses the hours and the tasks to be done. The worker is the person who does the work. In this contract the parties set out the most important aspects of the relationship, such as time limits, holidays and the expected pay.

A domestic employment contract can only be concluded between private individuals, not with a company (for example an S.R.L. or S.P.A.).

A worker can be hired for a fixed term (tempo determinato) or permanently (tempo indeterminato). In the first case the parties set the end of the employment relationship from the outset: for example, a worker can be hired on a fixed-term basis just for the summer. With permanent employment, however, the parties do not set an end date.

Under this type of employment contract the worker can be classed either as a live-in worker (badante convivente) or as a worker who does not live with the person they care for (badante non convivente).

The maximum weekly hours that can be agreed in the contract are:

From 1 to 40 hours a week (at most 8 working hours a day) under a live-out contract (badante non convivente);

· 54 hours a week under a live-in contract (badante convivente).

What documents are needed to hire a badante?

If the worker (carer) is Italian, the identity documents required for hiring are a valid identity card and tax code (carta d’identità valida ed il codice fiscale).

If the worker is a foreign national, the required documents are a valid residence permit (permesso di soggiorno valido), a passport, an identity card and a tax code (carta d’identità valida ed il codice fiscale).

* For a care worker, any diplomas or vocational training certificates they hold may also be requested.

For the employer: a valid identity card and tax code (carta d’identità valida ed il codice fiscale).

What are the main sections and clauses of a badante employment contract, and how is it concluded?

Main sections of a care worker’s (badante) contract:

· Type of contract: fixed-term (tempo determinato) / permanent (tempo indeterminato); full time (full time; tempo pieno) / part time (part time; tempo ridotto);

· Personal details of the employer and the worker (i dati anagrafici di datore di lavoro e della badante);

– (*for a badante: the professional level (Livello) under the CCNL Lavoro Domestico);

· Place of work (Luogo di lavoro);

– Start date of employment (the date from which the worker starts work) – Data inizio rapporto di lavoro;

· Duties: a description of the work required of the carer (Le mansioni che deve svolgere);

· Working hours: full or part time, the hours and how they are distributed (Orario di lavoro e sua distribuzione);

· Probation period (Periodo di prova) (if any);

· Pay (Retribuzione);

· Board and lodging: for a convivente/non convivente worker;

· Agreed holidays (Periodo concordato delle ferie);

· Confidentiality: to protect the family’s privacy;

· CCNL: if the employer is a member of an employers’ association;

Other terms, for example: time off for personal reasons; extra pay for additional hours worked; agreements on the worker’s vaccination, and so on (for example: any travel for holidays or other reasons).

Important: if the family assistant works by the hour, they cannot be a live-in worker. If the family assistant lives with you, you must state whether the work is hourly, full time or part time.

Hiring a family assistant part time means hiring a housekeeper or care worker on an ordinary employment contract under the provisions of the collective agreement for domestic work, with reduced hours (art. 14, para. 2, CCNL).

What is the procedure for concluding a badante employment contract?

Once all the contractual aspects have been clarified and both the employer and the worker have all the necessary documents, the employment contract can be drawn up and signed. The contract must always be drawn up in two copies and signed by both parties concerned.

IMPORTANT: INPS must be notified of the hiring at least 24 hours before the employment begins (even if that is a public holiday), using form COLDASS, or LDEM09 non-EU for a worker from outside the EU (extracomunitario). The notice is made by the employer.

The hiring of a badante must also be notified in the case of a probation period; periodic or occasional work; if the badante is already insured with another employer or business; if the badante is a foreign national; if the badante already receives a pension.

IMPORTANT: If the badante is a foreign national, within 48 hours of hiring a care worker who lives with the employer (badante convivente), the employer must send a written notice (in the form of a “declaration of hospitality” (dichiarazione di ospitalità)) to the local Public Security authority (comunicazione scritta della presenza all’ autorità locale di Pubblica Sicurezza). The notice is sent by post or e-mail, or delivered to the relevant Public Security office (the nearest police station) or to the municipality (Comune di appartenenza), together with a copy of the applicant’s identity document.

Part-time/tempo ridotto employment contract (badante)

The CCNL (art. 9) provides for a number of levels (livelli), eight in all, which differ according to the work performed and any qualification obtained.

In other words, if we need a family worker, that is, a housekeeper who mainly runs the household, from cooking to cleaning, we must place her in one of the levels A-B-C-D. If instead we need a carer who provides assistance and personal care as well as running the household, we place her in one of the levels AS-BS-CS-DS.

For housekeepers and carers who live with you but work part time (part time conviventi), only the following levels apply: B, C, BS.

For all other domestic and care tasks, a part-time contract cannot be concluded.

So if we decide that the carer will work on a part-time contract, and therefore reduced hours, we can place her at level C, B or B super.

In this case working time may not exceed 30 hours a week, even for a live-in worker. The hours must fall within the following time slots:

from 6.00 to 14.00, when work is done only in the morning;

from 14:00 to 22:00, when work is done only in the afternoon;

10 hours a day, every other day, at most 3 days a week. In this case work takes place on only 3 days a week.

If the worker is asked to work beyond the agreed hours (oltre l’orario ridotto concordato), the extra time is paid at the hourly rate with the overtime increase (art. 15 CCNL).

Part-time (badante) contract

The employment contract with a (badante) carer must be in writing and must state (besides the parties’ personal details): the agreed reduced working hours and the working days in the week; the start date of employment; the length of the probation period; the level; the agreed pay and the place of work.

A live-in part-time schedule may also be less than 30 hours a week, but even if the domestic worker works only 20 hours, they are still paid for 30 hours of work.

So a part-time contract for carers sets no minimum weekly working time, but it does set a maximum number of hours:

– for convivente workers it is 54 hours a week, at most 10 hours a day, non-consecutive;

- for non convivente workers it is 40 hours a week, at most 8 non-consecutive hours a day, spread over 5 or 6 days.

Working hours must also respect the worker’s right to rest. Sunday is an important day of rest. If the employer asks the worker to work overtime on a Sunday, pay is increased by 60% and a day of rest is given. If the worker practises a different religion, their day of rest may be a day other than Sunday; in that case the parties agree, when signing the contract, on a day of rest to replace Sunday.

Working hours are always agreed by the parties (for part-time work). If the badante lives with the employer and works full time (tempo pieno), the employer sets the working hours, always within the maximum set by the CCNL.