Working Hours and Overtime: The Civil Court of Cassation on the Calculation of Holidays and Sick Leave (Order No. 16147/2025)

The Supreme Court of Cassation, with Order No. 16147 of June 16, 2025, has issued a fundamental clarification on the calculation of periods of absence for holidays or sick leave in the computation of normal working hours, for the purpose of recognizing overtime. This decision, which saw C. A. V. and F. T. N. R. in opposition, strengthens worker protection based on constitutional and European principles.

The Principle Affirmed by the Court of Cassation

The question was whether holidays and sick leave were "neutral" with respect to the calculation of working hours. The Court of Cassation responded clearly, confirming that such periods contribute to the fulfillment of the worker's hourly obligation.

Periods of absence for holidays or sick leave are not neutral with respect to the calculation of normal working hours, the exceeding of which gives rise to overtime, as they contribute to the fulfillment of the worker's hourly obligation based on a legal fiction derived from the constitutional and community protection of the rights to rest and health protection. (In this case, the Supreme Court confirmed the lower court's ruling that on-call duty hours, provided for by art. 60 of the national collective labor agreement for non-managerial employees of Aiop and Aris 2002-2005, in addition to normal working hours, must be compensated as overtime or in any case exceeding the ordinary hourly limit, taking into account, for the calculation of the latter, also days of absence for holidays and sick leave).

In summary, days of holiday or sick leave are not "gaps" in the calculation of working hours but contribute to covering the hourly obligation. If the worker, despite these absences, works additional hours that exceed the normal limit (e.g., 40 hours per week), these hours must be paid as overtime. This interpretation is based on a "legal fiction" rooted in the protection of fundamental rights to rest and health, guaranteed by the Italian Constitution and EU directives.

Legal Basis for the Decision

The principle is part of a solid regulatory framework. The Court of Cassation explicitly referred to:

• Italian Constitution: Articles 36 (right to rest and paid holidays) and 38 (right to assistance for illness).
• European Directives: EEC Directives No. 104/1993, No. 34/2000, and No. 88/2003, which promote the limitation of working hours and the right to rest.
• Civil Code: Articles 2107 (working hours), 2108 (overtime), 2109 (holidays), and 2110 (sick leave).

The specific case concerned on-call duty hours (art. 60 CCNL Aiop and Aris 2002-2005). The Court reiterated that even these hours, if exceeding the normal limit, must be compensated as overtime, taking into account absences for holidays and sick leave in the calculation.

Practical Implications

This ruling has significant repercussions. Employers must recalibrate their systems for calculating working hours and overtime, considering holidays and sick leave as "worked" for the purpose of the hourly obligation. Failure to do so can lead to litigation.

For workers, the order confirms that time dedicated to rest and health cannot penalize the calculation of working hours or compromise the right to fair remuneration for hours actually worked beyond normal hours. This provides a solid jurisprudential basis for the protection of their rights.

Conclusions

Order No. 16147 of 2025 strengthens worker protection by establishing a general principle applicable to all subordinate employment relationships. Understanding and correctly applying this interpretation is crucial to ensure fairness and legality, promoting a work environment that fully respects the dignity and well-being of workers, in line with constitutional and European principles.