The recent ruling on working hours recognizes higher salary and is valid retroactively
There are several job activities that require employees to wear uniforms and work clothes, such as healthcare personnel or employees of companies and businesses working near machinery who must wear appropriate attire.
The so-called dressing time should be included in working hours, but some companies and job activities do not recognize the time spent changing into work clothes as part of working hours, therefore not providing any compensation. A recent important ruling has clarified this situation.
The Court of Lodi has established that the so-called dressing time, which refers to the time required for dressing and undressing for specific activities and for using protective gear to comply with hygiene regulations at work, must be considered as part of working hours and therefore must be compensated.
The Court of Lodi has accepted the appeal filed in July 2022 by two employees of Stella Bianca, a company in Ossago Lodigiano specializing in the production of fresh cheeses, who fought a legal battle to have the dressing time recognized as part of working hours and therefore be paid for it. According to their statements, they spent a total of 15 minutes per day dressing and undressing before and after clocking in and out, which represents the start and end of the working hours.
The judge has accepted the appeal, ordering the company to pay the two employees five years’ worth of back pay, totaling €5,066.62 for the first employee and €4,743.74 for the second employee. The ruling refers to a 2018 decision by the Court of Cassation, which states that the time spent by an employee on dressing and undressing work attire must be calculated as part of working hours, taking into account the location and method of work, employer’s instructions, and the functionality of the attire in compliance with public hygiene regulations.
Considering this new important ruling, the dressing time must be reconsidered as part of the normal working hours in companies and businesses that have not previously recognized it, and the appropriate compensation must be paid for the time spent changing into work clothes, including for past periods, with corresponding back pay to be recalculated.
The ruling by the Court of Lodi is in line with the current laws on working hours in national collective labor agreements (Ccnl). Working hours represent the actual time spent on work activities and related functions for each employee.
Considering that certain activities require the mandatory use of clothing and personal protective equipment, the time spent on dressing and undressing, being obligatory operations required for the specific activity, must be included in the normal working hours and must be compensated as if the employee were actually working.
The law also specifies that, in addition to the dressing and undressing time, the time spent traveling between the changing room and the department where the employee carries out their work activities must be calculated as part of working hours and therefore must be paid.
Furthermore, the Court of Appeal of Rome had already specified in 2021 that dressing time is considered part of normal working hours only when expressly required by the employer, and the corresponding compensation is mandatory and cannot be waived.
What does the ruling mean in terms of back pay and compensation for employees who have not been compensated for dressing time in the past
Ive minutes per day of dressing time. The ruling is not only significant for the two employees involved in the case but also for other workers in similar job activities who are required to change into specific attire for work.
Furthermore, the ruling is also valid retroactively, meaning that employees who have not been compensated for dressing time in the past can now file for back pay and receive the compensation they deserve. This sets an important precedent and ensures that companies and businesses are held accountable for recognizing and compensating employees for all the time spent on job-related activities.
It is worth noting that this ruling only applies to certain job activities where the use of specific attire is necessary, such as healthcare personnel and employees working with machinery. However, it is a positive step towards ensuring fair working conditions and adequate compensation for all employees.
This ruling not only recognizes the importance of dressing time as part of working hours but also acknowledges the value of the time and effort that employees put into preparing for their work tasks. It is a reminder that all time spent on job-related activities should be taken into consideration and compensated accordingly.
Overall, this recent ruling by the Court of Lodi is a victory for workers’ rights and an important step towards ensuring fair working conditions. Employees who are required to wear uniforms or work clothes can now expect to be compensated for the time spent changing into and out of their attire, providing them with the recognition and fair treatment they deserve.
This is a crucial development that will have significant implications for both employees and employers. It’s essential to carefully analyze the details of the court ruling to fully understand the impact it will have on working conditions and compensation.
I’m eager to see how this ruling will address the ongoing issues surrounding excessive working hours and fair compensation. Hopefully, it will provide much-needed clarity and protection for workers’ rights.