Categories: Insights, Case Law


28 Jan 2019

“Overalls time” remunerable only if overalls are obligatory

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time it takes them to put on work clothes at the business premises, only if it is demonstrated that workers are obliged to use company dressing rooms and have to arrive at the workplace early to perform that operation.

 

The facts


Some employees in service at a company trading in the shipbuilding sector had filed action with the Court with territorial jurisdiction in order to obtain a ruling against said company ordering it to remunerate them for the time that it took them to put on and take off their work overalls and shower, equal to 30 minutes per day.
First the Court with territorial jurisdiction, and then the Court of Appeal, rejected the claim brought by the workers on the basis of the fact that they had failed to assert in court:
• the existence of the employer’s power – or indirect power – to oblige workers to perform the additional activity;
• that they were obliged to arrive at the workplace early and to use the company dressing rooms, since they were also free to perform those preparatory activities at their own homes;
• that, due to the nature of the work overalls, shoes and safety devices, the use of those items of clothing outside of the workplace was not appropriate or adequate, according to social norms.

In light of the above, therefore, neither the witness testimonies nor the cross-examination – which was, moreover, deferred to individuals without the power to exercise the right in question – were admissible, since they were deemed irrelevant given that they related to checks performed after the employees had changed into their work clothes.
The workers filed an appeal against the Court of Appeal’s ruling at the Court of Cassation, based on two grounds, which the employer company opposed with its own defence arguments in a counter-appeal.
The ruling of the Court
The Court of Cassation upheld the decision on the merits on the assumption that the principle applied was consistent with that which had been established by consolidated case law, namely that “in employment relationships, the time it takes to put on the company uniform is only included within working hours if it is subject to the employer’s power to oblige employees to do so, which can derive either from explicit company rules or, implicitly, from the nature of the clothing or the function that it must fulfil, so as to establish an obligation to put on the uniform at the workplace” (cf. Court of Cassation, employment division, judgment no. 7738/2018).
According to the Supreme Court of Cassation, it follows that the evidence provided related to circumstances that were irrelevant to the decision, because they were not representative of the ‘hetero-direction’, and that it had therefore been correctly rejected by the trial Judge.


Conclusions


In essence, from the judgment in question one can deduce that the so-called ‘overalls time’ must be remunerated, as it falls within effective working hours, in cases in which the affected workers are obliged by their employer to use the company’s dressing rooms and have to arrive at the workplace early.
However, ‘overalls time’ must not be remunerated where employees are given the opportunity to choose when and where (including at home) to put on the uniform.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…