We at Nursing Up said it and we were right: the Supreme Court has recognized the right to payment for overtime work without formal authorizations, in line with Article 36 of the Constitution. The ruling of the Court of Cassation of June 28, 2024 establishes that a nurse at the Reggio Calabria Hospital is entitled to payment for the overtime performed, despite the absence of regional authorizations. This decision has implications for all public sector employees. A nurse worked overtime during the "summer dialysis" without formal authorization. He obtained an injunction for the payment of overtime work. The Court of Appeal revoked the injunction. Ruling of the Court of Cassation Labor Section, June 28, 2024, no. 17912 which accepts the nurse's appeal, recognizing the right to payment for overtime work, even in the absence of formal authorization. A bit of legislation, which lately Italian companies seem not to know: Art 36 Constitution: the worker is entitled to remuneration proportionate to the quantity and quality of his work and in any case sufficient to ensure for himself and his family a free and dignified existence. Art. 2126 of the Civil Code: work performed with the employer's consent must be paid. Consent may be implicit in the employer's conduct. The right to remuneration cannot be denied due to administrative irregularities or violations of spending limits. The consequences of such irregularities must fall on the responsible officials, not on the workers. The ruling applies to all public sector employees. It strengthens workers' right to payment for overtime work. It emphasizes the responsibility of employers for administrative irregularities. An important victory for workers and a warning to employers to respect their obligations. Vincenzo Parisi HOLIDAYS MUST BE PAID, CONTACT NURSING UP Urgent, come and tell the Institutions (Fnopi, Aran, Ministers, etc.) what nurses and all health professionals need, you students can also participate. Please make a copy of the link and share it in every chat you know. Now or never.
