Employment Stability in Port Authorities: Commentary on Ordinance No. 22061 of 2024
Recently, Ordinance No. 22061 of August 5, 2024, has sparked heated debate regarding the employment stability of workers employed by Port Authorities. This ruling by the Court of Cassation, presided over by F. Garri and with G. Marchese as rapporteur, focuses on the applicability of Article 40 of Royal Decree-Law No. 1827 of 1935 and the obligation to contribute for involuntary unemployment, offering important clarifications for the sector.
Employment Stability and the Role of Port Authorities
According to the ruling, the employment relationship with Port Authorities is characterized by employment stability, which derives directly from historical Italian legislation. Article 40 of Royal Decree-Law No. 1827 of 1935 stipulates that these non-economic public bodies do not possess the employer's power to terminate the employment relationship based on economic management decisions. This principle is fundamental to understanding the employment context of these workers.
- Employment stability guaranteed by historical legislation.
- Impossibility of dismissals for economic reasons.
- Exclusion from contributions for involuntary unemployment.
Exclusion from Contributions for Involuntary Unemployment
In general. The employment relationship with Port Authorities is characterized by the employment stability referred to in art. 40 of Royal Decree-Law No. 1827 of 1935, meaning that these non-economic public bodies, lacking the employer's power to terminate the employment relationship based on economic management decisions, are not required to contribute for involuntary unemployment concerning the period prior to the entry into force of Law No. 92 of 2012.
This summary, expressed in the ruling, clarifies that Port Authorities are not required to contribute for the involuntary unemployment of their employees, at least for the period preceding the entry into force of Law No. 92 of 2012. This legal aspect is crucial, as it establishes an important distinction between public and private sector employment in terms of social security.
Conclusions
In summary, Ordinance No. 22061 of 2024 represents a significant reference point for understanding the employment relationship within Port Authorities. Employment stability and exclusion from contributions for involuntary unemployment are elements that highlight how historical legislation continues to influence employment dynamics. These considerations not only clarify the rights and duties of workers but also raise questions about future employment policies in the public sector.
