Commentary on Order No. 8926 of 2024: Right to Monetization of Rest Days for Canceled Holidays

The recent Order No. 8926 of April 4, 2024, issued by the Court of Cassation, provides important clarifications regarding the right to monetization of rest days for canceled holidays in the context of employees of non-economic public entities. This decision, which rejects the appeal of a worker, highlights how the absence of specific contractual provisions does not prevent the monetization of such rest days, aligning with existing regulatory provisions.

The Regulatory Context

Law No. 937 of 1977, particularly Articles 1 and 2, establishes the right to rest days for canceled holidays. Article 1 provides for the possibility of taking these rests, while Article 2 outlines the modalities for monetization. In this case, the Court held that, even in the absence of specific provisions in the national collective labor agreement (CCNL) for employees of non-economic public entities, workers have the right to monetize such rests upon the termination of their employment relationship.

The Maxim of the Ruling

HOLIDAYS Rest days for canceled holidays pursuant to Article 1 of Law No. 937 of 1977 - Failure to take - Right to their monetization - Existence - Absence of provisions in the CCNL for employees of non-economic public entities - Irrelevance. The absence, in collective bargaining for employees of non-economic public entities, of specific regulation for the failure to take rest days for canceled holidays, as provided for by Article 1 of Law No. 937 of 1977, cannot be deemed an obstacle to their monetization upon termination of the relationship, provided the same conditions that allow for the monetization of holidays exist, due to the clear provisions set forth in Article 2 of said law for the four rest days provided therein and their substantial assimilability to holidays.

This maxim highlights how the monetization of unused rest days is possible and how legislative provisions are sufficient to guarantee this right. The Court emphasized the assimilability of rest days for canceled holidays to holidays, a fundamental aspect for understanding the scope of the ruling.

Practical and Jurisprudential Implications

The implications of this order are significant for workers and public administrations. In particular, several key points can be outlined:

  • Recognition of the right to monetization, even in the absence of specific contractual provisions.
  • Clarification of the substantial assimilability between rest days for canceled holidays and holidays.
  • Possibility for workers to claim the right to monetization upon termination of the employment relationship.

This decision fits into an already established line of jurisprudence, as evidenced by previous rulings (No. 23697 of 2017, No. 18140 of 2022, No. 17724 of 2011, and No. 7400 of 2015) that have addressed similar issues, reinforcing the protection of workers' rights in the public sector.

Conclusions

In conclusion, Order No. 8926 of 2024 represents an important step forward in the protection of the rights of employees of non-economic public entities. It clarifies that employees have the right to monetize rest days for canceled holidays, even in the absence of specific contractual regulation. This positive signal underscores the importance of ensuring rights and protections for workers, in line with existing legislative provisions and the principles of justice and equity.

Bianucci Law Firm