CBA 162 establishes a right for employees to request flexible working arrangements for care purposes, transposing the section on flexible working arrangements in Directive (EU) 2019/1158 of 20 June 2019 on work-life balance for parents and carers.

Who does the CBA apply to?

It applies to all employees employed in the private sector (for employers and employees whom the CBA Act does not cover, a separate draft law was adopted on 29 September 2022, providing for similar provisions).

What is a flexible work arrangement?

It is an adjustment of the existing working pattern, which may vary from remote working, a work schedule adjustment, reducing working hours, etc.

Under what conditions can it be applied?

- It can be requested for care purposes (care for a child following birth, adoption, guardianship, or long-term foster care until the child turns 12 years old, or personal care or support to a family member or relative for a serious medical reason). 

- the employee must have at least 6 months of seniority at the time of the written requestsix. The In case of successive fixed-term contracts with the same employer, breaks are neutralised for this purpose. 

What is the procedure for the application?

The employee must request in writing three months in advance, indicating the type of flexible working arrangement being requested, an explicit reference to CBA No. 162, the start and end dates of the flexible working arrangement; and the care purpose on which the request is grounded.

If the flexible working arrangement involves a change in the terms and conditions of employment regulated by a collective agreement, a social consultation can be necessary before the competent consultation body (works council or union delegation).

What are employers’ obligations?

Employers have to answer within one month after the request giving a written motivation in case of denial, taking into account the needs both of the employer and the employee. 

In case of acceptance, specific modalities will be agreed upon with the employee. The adjustment can also be deferred for concrete and justified reasons, or the employer can define a counter-proposal consisting of other flexible working arrangements or periods. 

How long can the flexible working arrangement last?

Each employee has the right to request a new flexible working arrangement or to request an extension of his/her current flexible working arrangement for a maximum of 12 months unless exempted by collective agreements at the industry or company level. 

An employee exercising the right to a flexible working arrangement is protected against adverse measures by the employer (such as non-renewal of a fixed-term contract) and

dismissal, from the written request until two months after the end of the flexible working arrangement or until two months after the refusal of the request arrangement was initiated, protection ends two months after the requested start date.