Order No. 9370 of 2024: Right to Personal Allowance for Public Employees

The recent Order No. 9370 of 2024, issued by the Court of Cassation, sheds new light on the conditions relating to the right to a personal allowance for public employees. In particular, the case examined involves an employee transferred from the Agenzia del Demanio to the Ministry of Economy and Finance, prior to the entry into force of paragraph 2-quinquies of art. 30 of Legislative Decree No. 165 of 2001. This ruling represents a milestone in the protection of public workers' rights, clarifying the requirements for the recognition of the allowance.

Content of the Ruling

Employee of the Agenzia del Demanio - Transfer to the Ministry of Economy and Finance prior to the entry into force of art. 30, paragraph 2-quinquies, of Legislative Decree No. 165 of 2001 - Right to a personal allowance - Conditions. An employee transferred from the Agenzia del Demanio to the Ministry of Economy and Finance, by virtue of exercising the option right under art. 3, paragraph 5, of Legislative Decree No. 173 of 2003, prior to the introduction of paragraph 2-quinquies into art. 30 of Legislative Decree No. 165 of 2001, is entitled to a personal allowance that is absorbable whenever the fundamental and supplementary, fixed and continuous remuneration due by the Ministry is cumulatively lower than that enjoyed at the Agency, without the effectiveness of the transfer being relevant if it occurred after the entry into force of the aforementioned paragraph 2-quinquies.

The ruling establishes that the right to a personal allowance remains in effect even if the transfer occurred after the new legislation came into force, provided that the employee's overall remuneration after the transfer is lower than their previous remuneration. This aspect is crucial as it guarantees economic protection for public workers in situations of mobility between different administrations.

Implications for Public Employees

The implications of this decision are manifold and of great importance for public employees who may find themselves in similar situations. Here are some key points to consider:

• Protection of Remuneration Rights: The ruling ensures that employees' economic rights are protected even in cases of transfer between administrations.
• Regulatory Clarity: Clear interpretation of current regulations is provided, reducing uncertainties related to transfers.
• Possibility of Revaluation: Employees have the opportunity to review their economic treatment, ensuring greater fairness.

Conclusions

In conclusion, Order No. 9370 of 2024 represents an important affirmation of the rights of public employees, confirming the need to ensure fair and just treatment even in cases of transfers between different administrations. This type of ruling not only protects individual workers but also contributes to strengthening trust in the public system, promoting greater stability and security for all employees in the public sector.