Commentary on Ordinance No. 23414 of 2024 on Seniority Pension

Ordinance No. 23414 of August 30, 2024, issued by the Court of Cassation, represents an important reference point for workers involved in collective dismissals and for the interpretation of safeguard measures relating to seniority pensions. In particular, the Court clarified that workers subject to collective dismissal, whose redundancy placement ceased before December 4, 2011, can access the safeguard measure provided for by Law No. 147 of 2013. This aspect proves crucial for understanding the pension rights of workers in situations of corporate crisis.

The Regulatory Context

The safeguard measure, mentioned in Article 1, paragraph 194, letter d) of Law No. 147 of 2013, was introduced to protect workers dismissed due to extraordinary events, ensuring them simplified access to seniority pensions. The Court established that, despite regulatory changes, workers whose redundancy placement ceased before December 4, 2011, fall under this derogation regime.

The Ruling's Headnote

SENIORITY Access requirements and commencement - Derogation regime pursuant to Art. 1, paragraph 194, letter d), of Law No. 147 of 2013 (so-called safeguard measure) - Workers subject to collective dismissal with redundancy placement ceased before December 4, 2011 - Applicability - Basis. Regarding pension treatment, the safeguard measure under the general provision of Art. 1, paragraph 194, letter d), of Law No. 147 of 2013, also applies to workers subject to collective dismissal, whose redundancy placement ceased by December 4, 2011, the date of entry into force of Art. 24 of Legislative Decree No. 201 of 2011, converted by Law No. 214 of 2011, as, in the absence of the prerequisites for the application of the safeguard under the subsequent letter e), collective dismissal also constitutes a case of unilateral termination of the employment relationship.

Implications for Workers

This ruling has several significant implications:

• It clarifies the rights of workers subject to collective dismissal, ensuring their access to seniority pensions.
• It addresses regulatory uncertainties regarding redundancy placement and pension access requirements.
• It strengthens social protection in an increasingly unstable work environment.

In conclusion, Ordinance No. 23414 of 2024 represents a fundamental step in protecting workers' pension rights, highlighting the importance of ensuring fair and direct access to safeguard measures. It is essential for workers involved in collective dismissals to fully understand their rights and the opportunities offered by the regulations.

Conclusions

This decision by the Court of Cassation not only clarifies complex regulatory aspects but also underscores the importance of protecting workers' rights in situations of economic hardship. The safeguard measure thus becomes an essential tool for ensuring a smoother transition to retirement for those who have experienced collective dismissal.