Domestic employment: the allowance for exclusively night-time work granted to employees who also work during the day, if expressly stipulated in the employment contract

The Italian Supreme Court has ruled that the allowance provided under the National Collective Bargaining Agreement (CCNL) for exclusively night-time work is not applicable to domestic workers who also perform daytime duties, unless such compensation is expressly stipulated in the individual employment contract.

The worker, classified under level C super of the NCBA for Domestic Work – Fidaldo and Domina, had continuously performed both daytime and night-time work at the residence of the assisted person since March 2011.

She brought an action before the labor court seeking payment of salary differences, compensation in lieu of notice, unpaid weekly rest periods, and an additional amount for night-time work.

The lower courts partially upheld her claims, acknowledging that she had worked hours exceeding those contractually agreed and, consequently, was entitled to remuneration proportionate to the actual hours worked, as well as compensation in lieu of notice, and recalculated severance pay (TFR). However, the Court of Appeal of Trieste denied the claim for night-time allowance, finding the evidence submitted by the former employee insufficient.

In the appeal to the Italian Supreme Court brought by the heirs of her former employer, the former worker filed a cross-appeal, alleging that the territorial court had failed to assess her claim for night-time compensation.

With decision no. 19408 of July 14^th, 2025, the Supreme Court declared the incidental appeal inadmissible, clarifying that Article 11 of the CCNL (erroneously referred to as Article 12 in the ruling) applies exclusively to workers employed for the purpose of providing night-time presence, a condition not met in the present case, as the worker also performed daytime duties.

The Court further specified that the application of said a collective clause is permissible only where expressly provided in the individual employment contract. In the absence of such a provision, additional remuneration for night-time presence cannot be granted, even if the work performed extends into night-time hours.

The ruling aligns with the literal interpretation of the applicable collective agreement, which provides specific remuneration solely for workers engaged in night-time presence. Accordingly, this provision cannot be extended to employment relationships that include daytime activities, unless the individual contract explicitly provides for such a remuneration scheme.