Commentary on Judgment No. 9982 of 2024: The Right to Leave for Public Managers

The recent order No. 9982 of April 12, 2024, by the Court of Cassation has generated considerable interest among legal professionals, particularly concerning the rights of public managers regarding the enjoyment of leave. The Court has established important principles regarding the right to compensatory indemnity for untaken leave, clarifying employer responsibilities and the conditions necessary for the forfeiture of this right.

Context of the Judgment

The judgment under review concerns a case where a public manager, P. A., had to claim the right to compensatory indemnity for untaken leave upon termination of employment. The Court emphasized that while the manager has the discretion to determine their leave periods, this does not automatically result in the loss of the right to compensatory indemnity.

In general. The public manager's power to independently organize the enjoyment of their leave does not entail the loss of the right to the relevant compensatory indemnity upon termination of the employment relationship, unless the employer demonstrates that, in the exercise of their supervisory duties, they formally invited the employee to take the rest period, ensuring the efficiency of the service for which the manager is responsible during the leave. (In this specific case, the Supreme Court affirmed the insufficiency of a mere employer request for leave, if the enjoyment of such leave is rendered impossible by the manner in which the employment relationship is conducted, as in the case of successive fixed-term contracts with very short expiry dates that do not allow for leave planning).

Implications of the Judgment

This decision has several practical implications. Firstly, it reiterates that the right to leave is a fundamental employee right, protected by Article 36 of the Italian Constitution and Article 2109 of the Civil Code. Furthermore, the Court clarified that it is the employer's burden to prove that they formally invited the employee to take leave, as well as to have ensured the efficiency of the service during that period.

• Untaken leave must be rescheduled to ensure actual enjoyment.
• Employers must take active measures to ensure that employees can take their leave.
• In the case of fixed-term contracts, employers must facilitate leave planning.

Conclusions

In summary, Judgment No. 9982 of 2024 by the Court of Cassation represents a significant step in protecting employee rights, especially for public managers. It highlights the importance of leave as a tool for health and well-being and establishes clear responsibilities for employers. It is crucial for companies and public administrations to be aware of these provisions to avoid disputes and ensure a healthy and productive work environment.