Corte di Cassazione, judgement n. 11868, June 9, 2016

  • Thursday 16 June 2016

Corte di Cassazione, judgement n. 11868, June 9, 2016: art. 18 of the Italian  Workers Statute is applicable to Public Administration employees.

With judgement n. 11868, June 9, 2016, the Suprema Corte di Cassazione's judges stated that the dismissal of Public Administration employees is governed by article 18 of the Italian Workers Statute, instead of  Fornero Law.

The changes made to article n.18 (Law n.300, May 20, 1970, known as “The Italian Workers' Statute”) by Law n. 92, June 28, 2012 (the labor reform Fornero), are not applicable to all the employment relations governed by Legislative Decree n.165 of 30.3.2001, article 2 (general rules on public work) .The protection of employees in Public Administration, in case of unfair dismissal, is governed by art.18, Law n. 300 of 1970 but with the text antecedent to the reform Fornero.

All article 18's innovations "are not applicable to PA's employees",  until a "legislative harmonization" will be made.

So, a different treatment compared to private workers, because of the different type of employer.