Paying more duties: The number of people who actually performed?

Unlike the Court of Appeal, it does not recognize the high duties of an employee of an economic public body.Art. 52, D.L.G.S. n. 165 of 2001, The Supreme Court (Order No. 2276/2021) held that reasons such as those in the privatized public service were erroneous. They are, in fact, high works that have given them the right to be paid proportionately and adequately according to art. 36 of the Constitution.

Some employees of an non-economic public organization have applied to the Labor Court. The Court of Appeal refused to recognize the higher duties of the appellate staff to reform the sentence of the First Court. According to the appellate judge, in the case of privatized public employment, the rules governing the performance of higher duties are not used because they are conditional on the proper investment by the body in accordance with Art. 52, Legislative Order no. Also, in the present case, the professional profiles provided by the organic plant were similar to those of the appellate staff.

Employees appealed to the Supreme Court, which misjudged the appellate courts for not recognizing pay differences, even though the actions of the employees were carried out under a higher contract category. In fact, even wanting to use art. 52, Legislative Order no. However, 165 of 2001 provides for the appointment of a civil servant to a higher qualification duty, which, although none, entitles the worker to receive a higher qualifying salary during that work.

In the case of contracted public employment, the judges of Piazza Gaur first point out that the public employer does not have the power to grant positions in violation of the collective agreement, but only the possibility of adopting professional profiles. Title. In a collective agreement, for its organizational needs, the relationship is governed exclusively by the laws relating to collective agreements and the private employment relationship, without changing the legal and economic status established by the contract. In other words, from the terms of the collective agreement, even in Melius, the act of contempt should be treated as a vacuum, excluding the fact that the PA can interfere in official affairs in matters of collective bargaining. Therefore, the sentence should be considered inaccurate in the area where the provision is deemed inappropriate in the organic plan of a particular organizational position, as well as the actual work provided by the applicant, to further fulfill their obligations after passing a selective examination. In any case, the designated civil servant is entitled to higher duties in accordance with Art., In accordance with the jurisdiction of the Constitutional Court, outside the permitted cases. 36. At the end of the Constitution, Cassation continues, the right to be paid for the actual performance of high duties must be recognized to the extent indicated in Art. 52, paragraph 5, Legislative Order no. 165 of 2001, which is not subject to the statutory conditions for the provision of duties, as the different interpretation would be contrary to the intent of the legislature, in any case proportional to the quality of work ensuring the worker, in accordance with Art. 36. of the Constitution.The only possibility arises that the relative cannot pay higher wages without knowledge or against the will of the company, or as a result of a fraudulent alliance between the employee and the manager, or in any case completed. This includes a situation that is contrary to basic or general rules or with the basic advertising policies of the legal system.

Therefore, the sentence should be recommended in a different combination to the Court of Appeal, which will follow the principles of the law.

Civil Case, Order No. 2277/2021 >> Download PDF

Article by Laws of Italy PA – Il Quotidiano per la PA