The Save Infractions decree introduces an important compensation measure for precarious public administration workers, but not everyone will be able to access it. This guide explains in detail what compensation is, who is entitled to it, how it works and what are the requirements 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 an economic compensation recognized to workers who have been abused in the use of fixed-term contracts by public administrations.
Decree-Law No. 131 of 16 September 2024, known as the Save Infractions Decree, introduces this measure after an infringement procedure opened by the European Union against Italy
.
The problem highlighted by the EU concerns the abuse of fixed-term contracts in public administrations, without providing effective mechanisms to prevent or sanction such abuses. The Italian government then approved the decree to avoid sanctions from the European Union.
Who is entitled to compensation
Compensation is reserved for specific categories of public administration workers who have been abused with repeated fixed-term contracts. The main categories involved include:
- ATA teachers and staff
- Healthcare professionals
- AFAM staff (Advanced artistic, musical and dance training) and the opera sector
- Staff of public research institutions
- Forestry workers
- National Fire Department Volunteers
These categories are identified by the infringement procedure no. 2014/4231, initiated by the EU against Italy on 19 April 2023.
When are you entitled to compensation
Not all temporary workers can access compensation. The right is recognized only in the presence of an abuse in the use of fixed-term contracts by the public administration.
In Italy, the law requires that the maximum duration of a fixed-term contract, including renewals, is 36 months. Beyond this limit, the contract should be transformed into an indefinite employment relationship. If this threshold is exceeded and stabilization is not carried out, the worker may be entitled to compensation
.
The recognition of compensation is not automatic, but depends on the assessment of the labor judge, who analyzes the seriousness of the situation on a case-by-case basis and decides whether or not to grant compensation.
What is the amount of compensation
The compensation may vary from a minimum of 4 to a maximum of 24 monthly payments of the last salary received by the worker. The exact amount is determined by the labor court, based on various factors, including the overall length of the employment relationship, the number of temporary contracts entered into and the seriousness of the abuse suffered
.
In some cases, the worker could prove that he had suffered additional damage, thus obtaining greater compensation.
How does compensation for temporary workers in the PA work
Compensation is granted through a judicial procedure. The worker must file an appeal to the labor court, demonstrating the abuse in the use of fixed-term contracts. The judge will then determine the amount of compensation, based on the evidence provided
.
This procedure, however, does not automatically involve the transformation of the employment contract from a fixed term to an indefinite period. Even after receiving compensation, the worker may continue to remain in a precarious condition
.
When does the compensation arrive
Compensation is granted only after a favorable ruling by the labor court. There is no definite deadline for payment, as it depends on the course of the legal and administrative procedure. However, affected workers can already file an appeal, given that the decree law came into force on September 17, 2024.
How to claim compensation
To claim compensation, workers must file an appeal to the labor court, prepared by a lawyer. The appeal must include:
- The request for recognition of the abuse of fixed-term contracts.
- The claim for compensation for damages for the insecurity suffered.
It is essential to collect all the documentation that certifies the working condition and the abuse suffered. For this reason, it is advisable to consult a lawyer specialized in labor law or a trade union
.
The introduction of compensation for temporary workers in the public administration represents an important step towards the protection of thousands of workers who have been abused with fixed-term contracts. However, access to this compensation is not automatic and requires a thorough evaluation of the case by the labor judge. Those who believe they are entitled to compensation must act promptly, collecting the necessary documentation and using legal support to file an appeal
.
