Ticino: early working hours for the canicola alert (cross-border guide)
A motion to the Council of State proposes exceptions to municipal regulations to allow early outdoor work during heatwaves.
Context
In brief
- Proposal for derogation of municipal regulations for work hours.
- Objective: Protection of workers' health during heat waves.
- Possibility of advancing the start of construction sites and outdoor activities.
- The initiative does not change the total duration of working hours.
Key facts
- What: Motion for derogations of work hours during heat waves.
- Where: Canton Ticino.
- Who: PLR Deputy Paolo Ortelli with Simona Gianini and Erik Pinchetti.
- Objective: Health protection and prevention of accidents.
- Scope: Outdoor work activities.
The recent motion presented to the State Council by PLR Deputy Paolo Ortelli, co-signed by Simona Gianini and Erik Pinchetti, aims to modify the current regulatory framework for noisy activities in Ticino municipalities. The text proposes to introduce legal bases that allow, during heat wave alerts, temporary derogations from municipal regulations that limit work hours. The intervention is aimed exclusively at outdoor activities, where high temperatures pose concrete risks to workers' safety, such as heatstroke, dehydration, and loss of concentration that can cause workplace accidents.
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Operational details
The introduction of temporary derogations for working hours during heat peaks would not entail any contractual change in terms of total working hours or workers' acquired rights. It is exclusively a remodulation of the time slot, shifting operations in the early hours of the morning to avoid the hours of maximum sun exposure. For many frontier workers, especially in the construction and land maintenance sector, this change would represent a direct improvement in daily working conditions, significantly reducing the thermal stress accumulated during summer working days.
Operational Impact Analysis
Companies operating in Ticino, often with a workforce composed largely of border workers from Italy, are currently having to navigate through municipal restrictions on the start times of noisy activities. Often, starting work before a certain time is forbidden to protect the public peace, creating an insurmountable obstacle on days of weather alert. The bill aims to create a preferential channel of derogation that allows this impasse to be overcome, while ensuring compliance with federal regulations on occupational safety. It is important to remember that the management of the costo della vita and the planning of travel times to crossings such as Brogeda or Gaggiolo remain central issues for the worker.
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Key points
For businesses and workers preparing for potential regulatory changes, the procedure focuses on aligning business practices with cantonal and municipal regulations. If the motion is approved by the State Council, companies must closely monitor alerts from competent authorities regarding the canicola. Compliance with new directives will allow businesses to start noisy activities without the risk of communal sanctions, provided the activity is limited to the necessary hourly range for health protection.
Recommended Procedure for Employers
Businesses should start mapping their construction sites or outdoor activities that fall under restrictive regulations in municipalities, preparing a contingency plan based on official weather forecasts. It is essential to maintain transparent communication with employees, informing them promptly of any changes to the start time of shifts, ensuring that all rights related to the employment contract remain unchanged. For frontline workers, it is crucial to verify that any changes in working hours are consistent with their contract and the current fiscal regulations. Remember that for doubts about their pay slip or the correct application of contractual norms, it is always useful to consult the verification tools available. For precise management of salary deadlines and to monitor the impact of any contractual changes on their net salary, it is possible to use the calculator available on our portal, which provides a clear overview of the deductions and allowances in force in the Canton Ticino.
Source: ticinonews.ch
Frequently Asked Questions
- Does the motion involve an increase in working hours?
- Absolutely not. The proposal aims exclusively to redistribute work activity at the least critical hours of the day, reducing exposure to heat without changing the overall duration of benefits or workers' rights.
- Which activities would benefit from the waiver?
- The derogation would be applied only to activities carried out outdoors, where high temperatures represent a real risk to the health of workers, as in the case of construction sites or maintenance work.
- What is currently preventing you from anticipating work?
- Currently, many municipal regulations on noise prohibit the start of activities before a certain time, without providing specific exceptions for doggy alert situations, creating a conflict between health protection and compliance with local ordinances.
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