Superior Duties in Public Employment: The Right to Economic Compensation in Order No. 14910 of 2025

The landscape of public employment in Italy is often characterized by complex dynamics, especially when it comes to professional classification and economic recognition. One of the most debated issues concerns the employee's right to receive the economic compensation corresponding to superior duties actually performed, even in the absence of a formal assignment order. On this highly relevant topic, the Supreme Court of Cassation has ruled with Order No. 14910 of June 4, 2025, offering essential clarifications and strengthening the protection of workers in the privatized public sector.

The Regulatory Framework and the Issue of Superior Duties

To fully understand the scope of the Order, it is essential to recall the relevant regulatory framework. Legislative Decree of March 30, 2001, No. 165, known as the Consolidated Text on Public Employment, governs the employment relationship of public administration employees, introducing principles of privatization and flexibility. In particular, Article 52, paragraph 5, of Legislative Decree 165/2001 establishes that an employee assigned to superior duties is entitled to the corresponding economic compensation for the period of actual performance. However, the rule also sets temporal and procedural limits for assignment to superior duties, often ignored or circumvented by administrations.

Jurisprudence has long addressed the issue of "de facto" superior duties, i.e., those performed without due formalization. The Constitutional Court and the Cassation Court itself have repeatedly reaffirmed that Article 36 of the Constitution, which guarantees the right to remuneration proportionate to the quantity and quality of work performed, prevails over formal rigidities, protecting the worker who, even without a formal act, finds themselves exercising higher-level responsibilities and tasks. It is within this framework that the recent ruling is situated.

Order No. 14910/2025: The Fundamental Principle

The Supreme Court, with Order No. 14910 of 2025, rapporteur G. G., addressed the case pitting P. C. P. against A. B., following a ruling of inadmissibility by the Court of Appeal of Ancona on November 12, 2019. The Order specifically focuses on privatized public employment and "organizational positions," roles that involve strategic and high-responsibility functions within entities.

In privatized public employment, an employee de facto assigned to perform the duties of a previously established organizational position within the entity is entitled to receive the full economic compensation corresponding to the duties performed, even in the absence or illegality of the formal assignment order, provided they have assumed all connected responsibilities arising from the strategic and high-responsibility functions that justify the recognition of an additional allowance.

This maxim is of crucial importance. The Cassation Court clarifies that the right to economic compensation is not subject to the formal regularity of the act assigning the duties. This means that even if the administration has not formalized the assignment, or if the assignment order is flawed, the employee is still entitled to the corresponding remuneration, including the additional allowance typical of organizational positions. The indispensable condition, however, is that the employee has effectively assumed and managed all the responsibilities that characterize such strategic and high-responsibility functions. Therefore, it is not enough to perform simple operational tasks; it is necessary to have exercised a decision-making and coordination role, typical of the position.

Practical Implications and Employee Protection

The consequences of this ruling are significant for both public employees and administrations. For the worker, the Order represents an additional guarantee against exploitation and economic demotion. The principle expressed by the Cassation Court protects those who, with dedication and competence, take on superior responsibilities, even without immediate formal recognition.

For administrations, on the other hand, the Order serves as a warning for more careful and lawful management. It is no longer permissible to postpone the formalization of assignments or attempt to evade due compensation by appealing to procedural defects. The Cassation Court emphasizes the importance of substance over mere formalism. For the right to compensation for de facto performed organizational position duties to be recognized, certain key conditions must be met:

• The organizational position must have been previously established by the entity.
• The employee must have actually performed the duties of that position.
• The employee must have assumed all connected responsibilities, particularly those of a strategic and high-responsibility nature.
• The effective exercise of these functions must be demonstrable, even through testimonial or documentary evidence.

Our Conclusions

Order No. 14910 of 2025 by the Cassation Court, presided over by D. A., is part of a consolidated jurisprudential trend aimed at protecting professionalism and the right to fair remuneration in public employment. It reiterates a fundamental principle of equity: work performed with greater responsibilities deserves fair compensation, regardless of bureaucratic delays or administrative irregularities. This ruling is a beacon for all public employees who operate in more complex roles without due formal recognition, providing them with a robust legal tool to claim their economic rights. It is an important step towards greater transparency and justice in labor relations within public administration.