Fixed term contract: the indemnification protection covers only periods not actually worked

The Court of Cassation, with judgement No. 17248 dated 2 July 2018, faced the matter of the protection of employees when in the presence of a series of fixed-term contracts. In particular, according to the Court of Cassation, the indemnity ranging from 2.5 to 12 monthly salaries from the last global remuneration as part art. 32, paragraph 5, of the Law 183/2000 (now revoked), to be paid to the employee after the conversion from an open-term contract must necessarily take into account the prejudices, in terms of remuneration and contributions, suffered in the same period ranging between the end of the contract and the judgement of restoration of the relationship. In the opinion of the Court, the indemnity in question, instead, cannot be applicable to periods of actual work during which the worker may not have suffered negative consequences either from a salary standpoint and contribution standpoint. According to the Court of Cassation, with reference to these periods the all-inclusive principle of the indemnity pursuant to art. 32 of the Law 183/2000 does not apply and the employee has the right to their calculation for seniority purposes and accrual of the related seniority thresholds. In other words, said right cannot be affected and included in the lump-sum indemnification of damage not caused by the work.