Commentary on Judgment No. 21721 of 2024: Nullity of Socially Useful Workers' Contracts

Judgment No. 21721 of August 1, 2024, issued by the Court of Cassation, represents an important reference point for understanding the situation of socially useful workers in Italy. The specific case concerned the illegality of the stabilization procedure for socially useful workers, regulated by Lazio Regional Law No. 21 of 2002. The Court ruled that this procedure is contrary to mandatory provisions on public spending containment, resulting in the derived nullity of employment contracts entered into between the workers and the Public Administration (PA).

Content of the Judgment

The Court highlighted that, due to this illegality, the employment contract entered into between the worker and the PA is null and void. Consequently, in proceedings initiated by the worker for the continuation of the employment relationship, the judge may disapply the annulment measure adopted by the PA only if specific grounds for illegality are found. Otherwise, the protection provided for de facto employment relationships applies, which implies significant limitations for the workers involved.

Socially useful workers - L.r. Lazio no. 21 of 2002 - Stabilization procedure - Illegality - Derived nullity of the employment contract entered into between the worker and the PA - Judge's power to disapply the PA's ex officio annulment measure of the procedure - Limits - Residual applicability of the protection provided for de facto employment relationships - Existence - Factual circumstances. The illegality, due to contravention of mandatory provisions on public spending containment for personnel, of the stabilization procedure for socially useful workers, referred to in the memorandum of understanding concluded pursuant to L.r. Lazio no. 21 of 2002, entails the derived nullity of the employment contract subsequently entered into between the PA and the worker and, in the proceedings initiated by the latter for the continuation of the relationship, the judge may disapply the PA's ex officio annulment measure only if he finds grounds for illegality specific to administrative acts, otherwise only the protection provided for de facto employment relationships will apply.

Implications for Socially Useful Workers

This judgment has significant implications for socially useful workers, as it clarifies that:

• The stabilization procedure must comply with public spending containment regulations.
• An employment contract entered into in violation of these regulations is null and void.
• Workers can only benefit from limited protection if the annulment measure cannot be disapplied.

These considerations are fundamental, as they raise a question of legitimacy regarding public sector employment contracts that could affect numerous workers in similar situations. Furthermore, the judgment draws attention to the need for greater clarity and transparency in the management of stabilization procedures.

Conclusions

In conclusion, judgment No. 21721 of 2024 represents a strong call for the adequacy of public sector hiring procedures, especially concerning socially useful workers. The Court of Cassation has drawn a clear line between legality and illegality, emphasizing the importance of respecting public spending containment regulations. It is essential that public administrations ensure adequate protection of workers' rights, avoiding situations of precariousness and legal uncertainty.