Analysis of Judgment No. 11622 of 2024: Socially Useful Work and Subordination

The recent ordinance No. 11622 of April 30, 2024, from the Court of Cassation addresses a matter of great relevance in the landscape of labor law: the qualification of socially useful work and its implications in terms of wage rights. The Court, through an in-depth analysis, has established that even if a work relationship is formally classified as socially useful work, this does not exclude the possibility of recognizing its nature as subordinate work, with all the consequences that arise in terms of worker rights.

The Context of the Judgment

The case in question involved a worker engaged in public utility activities, whose remuneration had been contested. The Court highlighted that the determination of subordination does not depend solely on the formal classification of the relationship but must take into account the concrete modalities of carrying out the work activity. This aspect is crucial for understanding how, even in the absence of an explicit subordinate employment contract, wage rights may emerge based on the actual work situation.

In general, the formal qualification of the relationship as socially useful work and for public utility does not prevent the determination that, based on the concrete modalities of performance, it has configured as subordinate work, with a consequent emergence under art. 2126 of the Civil Code of the worker's right to wage differences, the prescription of which begins during the ongoing relationship, since even in this case, as in the case of fixed-term contracts in the regulated public employment, there can be no "metus" regarding the loss of a possibility of stabilization, legally precluded, and renewal of the contract, which is the subject of a mere factual non-justiciable expectation.

The Implications of the Judgment

This decision by the Court of Cassation has important ramifications for all workers involved in socially useful activities. Among the main implications, the following can be highlighted:

  • Recognition of the right to remuneration even in the absence of a formal subordinate employment contract.
  • The possibility of claiming wage differences from the date the employment relationship began.
  • Clarification that the formal qualification of a contract does not exclude the possibility of recognizing substantive rights for the worker.

Conclusions

In conclusion, ordinance No. 11622 of 2024 represents a significant step toward the protection of the rights of workers involved in public interest activities. It not only clarifies the regulatory framework concerning socially useful work but also offers important points for reflection on the evolution of the concept of subordination in the context of labor law. The Court, with its decision, encourages consideration of the concrete modalities of carrying out work activities, promoting a more inclusive and fair approach to the wage rights of workers.

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