Order No. 11333 of 2024: The Judge's Duty to Determine Part-Time Working Hours

Judgment No. 11333 of April 29, 2024, issued by the Court of Cassation, has raised important issues concerning part-time work, particularly regarding the omission of the temporal modalities of the work performance. This ruling offers a deep analysis of current legislation and the judge's role in safeguarding workers' rights without infringing upon the autonomy of the parties involved.

Regulatory Context

According to Legislative Decree No. 81 of 2015 and Legislative Decree No. 61 of 2000, employment contracts must specify the temporal modalities under which the worker is to perform their duties. In cases where this information is omitted, as established by the order, it falls to the judge to determine the modalities of the work performance. This rule also applies to shift-based part-time employment contracts, highlighting the importance of ensuring clarity and certainty in employment relationships.

Implications of the Judgment

The Court has clarified that, in cases of omission, the judge has the duty to intervene to establish the working modalities, without this constituting an infringement of contractual autonomy. This means that, even with an employment contract that does not specify working hours, the judge can and must define the working modalities, thereby protecting the worker's rights. It is crucial for employers and workers themselves to understand that contractual autonomy cannot be used as an excuse to evade regulatory obligations.

Part-time work - Art. 10, paragraph 2, Legislative Decree No. 81 of 2015 and Art. 8, paragraph 2, Legislative Decree No. 61 of 2000 - Omission of temporal modalities for work performance - Judge's duty to determine them - Applicability also to shift-based part-time work - Infringement of contractual autonomy - Non-existence. Regarding part-time work, the judge's duty to determine, pursuant to Art. 10, paragraph 2, Legislative Decree No. 81 of 2015 and Art. 8, paragraph 2, Legislative Decree No. 61 of 2000, the temporal modalities of work performance, in case of omission in the employment contract of the temporal placement of working hours, also applies in the event of a lack of precise indication of the placement of work shifts, without this causing any infringement of contractual autonomy.

Conclusions

In conclusion, Order No. 11333 of 2024 represents a significant step in protecting the rights of part-time workers, reiterating the judge's responsibility in ensuring that employment contracts comply with current regulations. It is essential for companies to pay attention to these aspects to avoid disputes and ensure a fair and transparent working environment. Clarity in employment contracts not only protects workers but also contributes to establishing a climate of trust and collaboration within organizations.