Second work for a civil servant is generally prohibited by current legislation, except in some specific cases. This prohibition is not absolute, since public employees can carry out certain activities, but only if there is prior authorization and if they are part-time workers, collaborations or activities permitted by law. In this guide, we explore when a second job for a civil servant is possible, the relevant regulations and what’s new for 2024
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Table of Contents:
When is a second job possible for a civil servant
A civil servant may do a second job if compatible with service hours, as long as it does not cause a conflict of interest with public employment and with prior authorization from the PA to which he belongs, in the following cases:
- Benefits at voluntary associations or non-profit social welfare cooperatives: activities related to constitutional principles such as freedom of association and thought, participation in associations, scientific committees, journalistic collaborations and reports at conferences, even paid.
- Part-time workers: those hired in the PA with a part-time contract with working hours less than or equal to 50% of ordinary hours can carry out another work activity, even through registration in registers, as long as it does not involve a conflict of interest. If the employer of the second job is private, this activity is granted only with withholding tax or VAT number
- Occasional benefits of up to 5,000 euros: occasional collaborations compatible with the schedule and the institutional function of the administration to which they belong.
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Prior authorization is used by PA offices to verify the compatibility between the second job and the role played by the worker within the administration.
Second work regulations for civil servants and news 2024
The prohibition of second employment for a civil servant is enshrined in Article 60 of Presidential Decree No. 3 of 1957 and governed by the Consolidated Public Employment Act, which also contains the rules relating to prior authorization in cases where it is granted. In addition to this legislation, various sources of case law are added
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With decision no. 9801 of 2024, the Court of Cassation reaffirmed that, even if the second job is one of the activities compatible with the public sector, the assessment of the absence of the incompatibility is still up to the employer. Therefore, the civil servant is obliged to always seek authorization to carry out non-institutional activities
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Article 53 of Legislative Decree no. 165 of 2001 guarantees the obligation of exclusivity in the public employment relationship, based on Article 98 of the Constitution, according to which “public employees are at the exclusive service of the nation.” The lack of authorization may result in disciplinary liability
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Penalties for dual employment of civil servants
The civil servant who performs a second job without complying with the obligations established by the legislation is subject to various sanctions:
- Carrying out prohibited activities: the employee is warned by the administration to which he belongs to cease the situation of incompatibility. After 15 days without the incompatibility ceasing, the employee loses employment (dismissal
- Performing admissible activities without authorization: the employee is subject to disciplinary proceedings and may be called to answer before the Court of Auditors for administrative liability, with a possible accounting judgment for tax damage.
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What second jobs are allowed
According to Legislative Decree No. 165 of 2011, the activities that a civil servant can carry out as a second job, with prior authorization, must:
- comply with the law;
- not conflict with the public servant’s duties of impartiality;
- do not interfere with the tasks carried out at the administration, so be carried out at a time compatible with the public sector;
- fall among those granted and admitted or be connected to the exercise of constitutional rights such as freedom of association, thought and participation.
Examples of permitted activities include:
- collaborations with newspapers, magazines, encyclopedias and the like;
- profits deriving from intellectual works or industrial inventions of which the employee is the author or inventor, such as writing books;
- participation in conferences and seminars, with possible compensation.
What positions are prohibited for civil servants
Article 60 of Presidential Decree No. 3 of 1957 and Article 53 of the Consolidated Law on Public Employment establish that civil servants cannot practice commerce, industry, or any profession, or take up employment for private individuals, nor accept positions in for-profit companies, except for exceptions authorized by the competent minister.
These rules also apply to school staff, such as teachers and ATA staff, with additional restrictions provided for by Article 508 of Legislative Decree No. 297 of 16 April 1994.
The second job for civil servants is subject to precise regulations aimed at ensuring the impartiality and efficiency of the public service. For any further clarification, it is always advisable to contact the human resources office of your administration
to which you belong.
