Commentary on Order No. 8926 of 2024: Right to Monetization of Compensatory Leave for Suppressed Holidays

The recent Order No. 8926 of April 4, 2024, issued by the Court of Cassation, provides important clarifications regarding the right to monetization of compensatory leave for suppressed holidays in the context of employees of non-economic public bodies. This decision, which rejects a worker's appeal, highlights how the absence of specific contractual provisions does not prevent the monetization of such leave, aligning with existing regulatory provisions.

The Regulatory Framework

Law No. 937 of 1977, particularly Articles 1 and 2, establishes the right to compensatory leave days for suppressed holidays. Article 1 provides for the possibility of taking this leave, while Article 2 outlines the methods for its monetization. In this case, the Court held that, even in the absence of specific provisions in the national collective bargaining agreement (CCNL) for employees of non-economic public bodies, workers are entitled to the monetization of such leave upon termination of their employment relationship.

The Ruling's Headnote

HOLIDAYS Compensatory leave for suppressed holidays pursuant to art. 1 of Law No. 937 of 1977 - Failure to take leave - Right to their monetization - Existence - Absence of provisions in the CCNL for employees of non-economic public bodies - Irrelevance. The absence, in the collective bargaining for employees of non-economic public bodies, of specific provisions for the failure to take compensatory leave days for suppressed holidays, provided for by art. 1 of Law No. 937 of 1977, cannot be considered an obstacle to their monetization upon termination of the employment relationship, provided that the same conditions that allow for the monetization of annual leave are met, given the clear provisions set forth in art. 2 of the aforementioned law for the four compensatory leave days provided therein and their substantial comparability to annual leave.

This headnote highlights how the monetization of unused compensatory leave is possible and how legislative provisions are sufficient to guarantee this right. The Court emphasized the comparability of compensatory leave for suppressed holidays to annual leave, a fundamental aspect for understanding the scope of the ruling.

Practical and Jurisprudential Implications

The implications of this order are significant for workers and public administrations. In particular, some key points can be listed:

• Recognition of the right to monetization, even in the absence of specific contractual provisions.
• Clarification of the substantial comparability between compensatory leave for suppressed holidays and annual leave.
• Possibility for workers to claim the right to monetization upon termination of the employment relationship.

This decision is part of an established line of jurisprudence, as demonstrated by previous rulings (No. 23697 of 2017, No. 18140 of 2022, No. 17724 of 2011, and No. 7400 of 2015) that have addressed similar issues, strengthening the protection of workers' rights in the public sector.

Conclusions

In conclusion, Order No. 8926 of 2024 represents an important step forward in protecting the rights of employees of non-economic public bodies. It clarifies that employees are entitled to the monetization of compensatory leave for suppressed holidays, even in the absence of specific contractual regulation. This positive signal underscores the importance of ensuring rights and protections for workers, in line with current legislative provisions and the principles of justice and equity.