Pay Differences in Public Employment: The Case of Order 22958 of 2024

The recent order of the Court of Cassation no. 22958 of August 20, 2024, raises crucial questions regarding the rights of workers in contracted public employment, particularly concerning superior duties and pay differences. This ruling clarifies how the pay rights of workers assigned to superior duties must be interpreted, providing an important legal precedent.

The Regulatory Context

The core of the issue is represented by Article 52, paragraph 5, of Legislative Decree no. 165 of 2001, which establishes that, in the absence of different legal or contractual provisions, a worker assigned to duties of a higher category is entitled to receive the economic treatment provided for that category, in addition to what has already been received for their own classification position.

“(NATURE, CHARACTERISTICS, DISTINCTIONS) Contracted Public Employment - Superior Duties - Pay Differences pursuant to art. 52, paragraph 5, of Legislative Decree no. 165 of 2001 - Calculation Methods. In contracted public employment, art. 52, paragraph 5, of Legislative Decree no. 165 of 2001 – in the absence of different legal provisions or collective bargaining referring to specific categories of workers – must be interpreted to mean that the worker assigned to duties belonging to the higher category, notwithstanding the nullity of the assignment, is entitled (for the period of performing such duties predominantly, pursuant to paragraph 3 of the same art. 52) to the payment of the difference between the initial economic treatment provided for the higher category to which the performed duties correspond and that of the initial classification category, in addition to what has been received for the belonging economic position and, possibly, as individual seniority pay.”

Practical Implications of the Ruling

This order has several implications for workers and public administrations. In particular, it clearly establishes that:

• The worker is entitled to a pay adjustment for the period during which they performed superior duties.
• The nullity of the assignment to superior duties does not prejudice the right to the pay difference, provided that the duties were performed predominantly.
• The calculation of the pay difference must consider the initial economic treatment of the higher category and that of the classification category.

Conclusions

Order no. 22958 of 2024 represents an important step forward in protecting the rights of workers in public employment, clarifying the methods for calculating pay differences for those assigned to superior duties. It is essential that public administrations and workers are aware of these rights, so that fair compensation for work performed can be guaranteed. The correct application of these provisions not only protects individual rights but also contributes to a more equitable and just work environment in the public sector.