Order No. 9370 of 2024: Right to Personal Allowance for Public Employees

The recent Order No. 9370 of 2024, issued by the Court of Cassation, sheds new light on the conditions related to the right to a personal allowance for public employees. In particular, the case examined involves an employee transferred from the Agency of State Property to the Ministry of Economy and Finance, before the entry into force of paragraph 2-quinquies of Article 30 of Legislative Decree No. 165 of 2001. This ruling represents a milestone in the protection of public workers' rights, clarifying the necessary requirements for the recognition of the allowance.

The Content of the Ruling

Employee of the Agency of State Property - Transfer to the Ministry of Economy and Finance before the entry into force of Article 30, paragraph 2-quinquies, of Legislative Decree No. 165 of 2001 - Right to personal allowance - Conditions. The employee transferred from the Agency of State Property to the Ministry of Economy and Finance, by virtue of the exercise of the right of option referred to in Article 3, paragraph 5, of Legislative Decree No. 173 of 2003, before the introduction of paragraph 2-quinquies in Article 30 of Legislative Decree No. 165 of 2001, is entitled to a personal allowance that can be absorbed whenever the total basic and accessory remuneration, fixed and continuous, due to him from the Ministry is overall lower than that enjoyed at the Agency, without it being relevant that the effectiveness of the transfer occurred after the entry into force of the aforementioned paragraph 2-quinquies.

The ruling establishes that the right to a personal allowance remains in effect even if the transfer occurred after the entry into force of the new regulations, provided that the total remuneration of the transferred employee is lower than that previously received. This aspect is crucial as it ensures economic protection for public workers in situations of mobility between different administrations.

Implications for Public Employees

The implications of this decision are manifold and highly relevant for public employees who may find themselves in similar situations. Here are some key points to consider:

  • Protection of wage rights: The ruling ensures that the economic rights of employees are protected even in the event of transfers between administrations.
  • Regulatory clarity: A clear interpretation of the current regulations is provided, reducing uncertainties related to transfers.
  • Possibility of reassessment: Employees have the opportunity to review their economic treatment, ensuring greater fairness.

Conclusions

In conclusion, Order No. 9370 of 2024 represents an important affirmation of the rights of public employees, confirming the necessity of ensuring fair and just treatment even in cases of transfers between different administrations. This type of ruling not only protects individual workers but also helps to strengthen trust in the public system, promoting greater stability and security for all employees in the public sector.

Bianucci Law Firm