A team coordinated by Atty Carlo Fossati and Atty Francesco Antonio La Badessa assisted before the Supreme Court of Cassation a well-known work agency in a complex dispute.
The Court of Cassation, by a ruling published on January 8, 2019, upheld the decision of the Court of Appeal of Venice which had already upheld the arguments of the Agency and again rejected the appeal filed by the Complainant.
Regarding the most important point of the issue, i.e. the “availability allowance” provided by article 32 of the National Collective Labour Agreement for the category of Work Agencies, the Court has declared – albeit implicitly – that it has the nature of a remuneration and confirmed the framework established by the judge of second instance, rejecting also all the other grounds of appeal put forward by the adverse party.
The ruling highlights that the function of the compensation provided by article 18 of Law 300/1970 and subsequent amendments and integrations is, essentially, that of restoring the factual situation prior to an unlawful dismissal.
For this reason, the function of compensation just implies paying the worker what they would have actually received if there had not been the layoff.
As a result of the above, it has been confimed that the “availability allowance” paid by the Work Agency i to its workers on permanent contracts is not a welfare/ income support tool, but a contractual obligation having the nature of a remuneration.