The Right to Paid Breaks According to Ordinance No. 8626 of 2024: An In-Depth Analysis

The recent ordinance No. 8626 of April 2, 2024, has raised important questions regarding the right to paid breaks and compensatory rest for workers, particularly for employees of private security firms. This provision clarifies some fundamental legislative and jurisprudential aspects, shedding light on the responsibilities of workers and employers in the context of work breaks.

The Regulatory Context

The right to a paid break is provided for by Article 8 of Legislative Decree No. 66 of 2003, which establishes that workers have the right to a break during their working shift. In particular, for employees of private security firms, the national collective labor agreement (C.C.N.L.) provides specific guidelines regarding this right. The ordinance in question emphasizes the importance of this right, stating that if the break is not enjoyed, the worker is entitled to compensatory rest.

Burden of Proof and Responsibilities

One of the most significant aspects of the ordinance concerns the burden of proof. The worker who intends to assert their right to compensatory rest must prove that they worked for more than six consecutive hours without enjoying a paid break. This represents a constitutive fact of their legal action.

  • The worker must demonstrate the prolonged work performance without a break.
  • The employer, on the other hand, has the burden of proving that they allowed the enjoyment of the break or granted compensatory rest as an alternative.
Right to a break pursuant to Article 8 of Legislative Decree No. 66 of 2003 - Non-enjoyment - C.C.N.L. for employees of private security firms - Right to compensatory rest - Burden of proof - Constitutive and extinguishing facts - Allocation. In the case of non-enjoyment of the paid break provided for by Article 8, paragraph 1, of Legislative Decree No. 66 of 2003 and, for employees of private security firms, governed by Article 74 of the C.C.N.L. of May 2, 2006, and April 8, 2013, since this provides for the right to compensatory rest for the impossibility of enjoying the break during the working shift, even with the alternative methods contemplated therein, the worker acting for the recognition of this right has the burden of alleging and proving, as a constitutive fact, the performance of a daily activity exceeding six consecutive hours without having enjoyed the paid break, while the employer bears the burden of proving the extinguishing fact of the enjoyment of this according to the aforementioned alternative methods or the compensatory rests provided in replacement.

Conclusions

In conclusion, ordinance No. 8626 of 2024 represents an important clarification regarding workers' rights. It reaffirms the importance of the right to paid breaks and compensatory rest, highlighting the balance of the burdens of proof between the worker and the employer. Awareness of these rights and duties is essential for all workers, particularly those operating in specific sectors such as private security, where work dynamics can be complex.

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