The ‘save offences’ decree introduced compensation for precarious public administration workers. This measure, approved after a European Union infringement procedure against Italy, offers economic compensation for those who have suffered an abuse of fixed-term contracts. In this guide, we look at who can benefit from compensation, how it works, and how to
claim it.
Table of Contents:
What is compensation for temporary workers in the public administration
Compensation for temporary workers in the public administration is economic compensation aimed at state workers who have been abused by extended fixed-term contracts.
This type of contract, used excessively and repeatedly, can be considered illegitimate when it goes beyond the time limit established by law.
The measure was introduced by the decree law “save infractions” (decree law 16 September 2024, n. 131) and comes following the infringement procedure n. 2014/4231 initiated by the European Union against Italy on 19 April 2023. The EU has contested that Italian legislation does not adequately protect public sector workers from excessive use of fixed-term contracts
.
Who are the temporary employees of the public administration who can receive compensation
The compensation is reserved for specific categories of public administration workers who work in sectors with a high percentage of precariousness. Among them:
- Teachers
- ATA staff
- healthcare professionals
- workers in the artistic, musical and dance education (AFAM) and in the opera sector
- staff of public research institutions
- forest workers
- National Fire Department Volunteers
According to the unions, the compensation could concern a wide audience of workers, especially in the school sector, where it is estimated that more than 400,000 people could be involved.
When are you entitled to compensation
Not all temporary employees in the public administration can access this compensation. Compensation is granted only if an employment judge finds that there has been an abuse in the use of fixed-term contracts
.
According to the regulations, a fixed-term contract cannot exceed 36 months, including any renewals. If this duration is exceeded, the worker may request that the contract be transformed into an indefinite one. However, compensation may be granted even if the relationship is not converted, but the abuse of fixed-term contracts is recognized
.
The right to compensation matures when the worker has suffered excessive recourse to fixed-term contracts, without stabilization and in violation of regulatory principles.
How much is the compensation
The compensation ranges from a minimum of 4 to a maximum of 24 monthly payments of the last wage received by the worker.
The exact amount is determined by the employment judge, who takes into account various factors, such as the overall length of the employment relationship, the number of temporary contracts entered into and the severity of the abuse.
In some cases, the worker can prove that he has suffered greater damage and ask for greater compensation, as required by article 12 of Decree-Law No. 131 of 16 September 2024.
How does compensation for temporary workers in the public administration work
The compensation mechanism provides for a legal procedure. The precarious worker must go to the labor court to have their precarious condition ascertained. The labor judge will evaluate the specific case and, if he recognizes an abuse of fixed-term contracts, he may order compensation
.
The request is not automatic: it is the worker who must initiate the appeal to the court. In addition, the compensation does not involve the automatic conversion of the fixed-term contract into an indefinite contract
.
When does the compensation arrive
Compensation is recognized only after a favorable ruling by the labor judge. The delivery times depend on the procedural and administrative deadlines, so there is no
fixed deadline for payment.
However, the measure is already active: workers can appeal right now, since Decree-Law no. 131 of 16 September 2024 came into force on 17 September 2024.
How to claim compensation
To obtain compensation, workers must contact a lawyer specialized in labor law or a trade union. The appeal must include:
- the request for recognition of the abuse of fixed-term contracts
It is essential to submit all the documentation that demonstrates the fixed-term employment condition and the abuse by the employer, in this case the public administration.
Compensation for temporary workers in the public administration is an important measure of protection for those who have been abused in the use of fixed-term contracts. However, it’s not automatic and requires a legal process. The workers concerned must act with the help of a lawyer to have their rights recognized
.
Going to the labor court is the first step in obtaining compensation, which can reach up to 24 months’ salary, depending on the seriousness of the case.
