Order No. 9857 of 2024: The Right to Leave for Public Employees on Horizontal Part-Time Contracts

The public employment sector is governed by specific regulations that protect employee rights, particularly concerning leave. Order No. 9857 of 2024, issued by the Court of Cassation, clarifies a fundamental aspect: public employees on horizontal part-time contracts are entitled to the same number of leave days as full-time employees. This principle, already established in previous rulings, is strongly reiterated, reflecting a jurisprudential trend aimed at ensuring fairness among workers.

The Significance of the Ruling

The ruling in question establishes that public employees working on horizontal part-time contracts cannot have their leave proportionally reduced. This means that, regardless of their weekly working hours, these employees must be granted the same number of leave days as full-time staff, as stipulated by Article 36, paragraph 3, of the Italian Constitution.

Public Employees - Horizontal Part-Time - Leave - Proportional Reduction - Exclusion. Public employees on so-called horizontal part-time contracts are entitled to the same number of leave days as full-time employees.

This maxim draws attention to the need to ensure equivalent working conditions and rights for all employees, without discrimination. It is a significant step towards protecting the rights of part-time workers, who often find themselves at a disadvantage compared to their full-time colleagues.

Practical Implications of the Ruling

The practical implications of this order are manifold:

• Fairness Among Workers: It prevents discrimination against part-time employees, ensuring them the same opportunities for rest.
• Regulatory Clarity: It clarifies an aspect that, in the past, has generated confusion and legal disputes.
• Strengthening of Rights: The ruling reinforces workers' rights, promoting a fairer and more equitable work environment.

In essence, this order represents a significant step forward in protecting the rights of public sector employees, in line with European regulations and fundamental principles of social justice.

Conclusions

In conclusion, Order No. 9857 of 2024 not only confirms the right of public employees on horizontal part-time contracts to enjoy the same number of leave days as their full-time colleagues but also emphasizes the importance of fairness in the workplace. It is crucial for institutions to continue to guarantee and promote workers' rights, so that every employee can benefit from dignified working conditions that comply with current regulations.