Unpaid hours dispute shakes Ticino restaurant industry (cross-border guide)

Contesto

In brief - A former employee of a restaurant in Locarno won a lawsuit for unpaid hours - The Unia union denounces widespread practices in the Ticino restaurant industry - Italian cross-border commuters are among the most affected - New contract clauses challenged ## Key facts - What: Unpaid hours and disputed contractual clauses - When: Recent complaint, cases date back to recent years - Where: Locarno, Maggia, Paradiso, Canton Ticino - Who: Unia trade union, Italian cross-border workers, Ticino restaurants - Amount: Over three thousand francs in arrears obtained by an employee A former employee of a restaurant on the lakefront in Locarno has obtained over three thousand francs in arrears from the justice of the peace. The reason? In a month he had been given only 80 hours, when the work plan clearly showed that he had worked 215 hours. To denounce what happened is the Unia union, which a few days ago returned to the topic it had already raised last year. According to Unia, what has been reported is by no means an isolated episode. In recent years, the union has collected several testimonies from employees – many of whom are Italian cross-border workers – who tell of missing hours, sheets signed under pressure and reduced wages compared to the hours actually worked. ### The situation of cross-border commuters Seasonal pressure, the need for a stable income and the difficulty of challenging an employer abroad make cross-border workers particularly vulnerable. In border provinces such as Verbano-Cusio-Ossola, thousands of people cross the border every day to work in the Ticino restaurant industry. ### The new disputed clauses After the defeats in court, the ownership would have introduced a new system: at the time of hiring, seasonal employees are asked to sign a "spontaneous" declaration in which they state that they do not want to count the hours personally, delegating everything to the company. A formula that, according to the unions, has no legal value: wage rights cannot be transferred.

Dettagli operativi

Analysis of the situation The complaint of the Unia trade union highlights a widespread practice in the Ticino catering industry, which also involves Italian cross-border workers. The situation is particularly critical during the summer season, when the demand for labor increases and employers can take advantage of workers' need for income. ### Implications for cross-border commuters Italian cross-border commuters working in Ticino are at a disadvantage. The difficulty of contesting an employer abroad and the need for a stable income makes them particularly vulnerable. In addition, a lack of knowledge of local laws and one's own rights can lead to situations of exploitation. ### The disputed contractual clauses The new contractual clauses introduced by some Ticino restaurants are particularly problematic. The "spontaneous" declaration in which the employees say they do not want to personally count the hours worked is considered to have no legal value by the unions. In addition, the penalty of 2,000 francs for those who stop work before the end of the season and the bonus of 500 francs for those who stay until the end are considered illegal. ### Comparison with the previous situation Before the complaints and defeats in court, the situation was already critical, but now a new dimension of complexity has been added. Employers are trying to protect themselves legally with contested contract clauses, making it even harder for workers to get justice.

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Punti chiave

What to do if you are a victim of unpaid hours If you are a victim of unpaid hours or disputed contractual clauses, it is important to act quickly. Here are some steps to follow: ### Step 1: Document everything Document all hours worked and keep copies of contracts and pay stubs. This will be crucial for any legal action. ### Step 2: Contact the union Contact the Unia union or a lawyer who specializes in labor law. They can provide legal assistance and support. ### Step 3: File a complaint File a complaint with the relevant justice of the peace or labor office. With the help of the union or a lawyer, justice can be obtained and arrears can be recovered. ### Step 4: Use online tools Use the calcolatore di stipendio to check the hours worked and the wages due. This tool can help you better understand your situation and prepare for possible legal action. ### Step 5: Know your rights Knowing your rights is crucial. Italian cross-border commuters working in Ticino must be aware of local laws and their rights. The Unia trade union can provide information and support in this regard.

Source: vconews.it