Court of Cassation: indemnity due to the conversion of fixed term employment contract is full-comprehensive

Court of Cassation, with sentence no. 1411 of January 31, 2012, restated that, in the case an employee obtains the conversion of a fixed term employment contract into an open-ended one, he/she is not entitled anymore to receive an amount by way of damages equal to the wages he/she should have received in the period included between the termination of the relationship and the sentence. The indemnity, which amount varies from 2,5 and 12 monthly wages, set under art. 32, par. 5, of the Law 83/2010 (so called “Collegato Lavoro”), covers all the period included between the employment termination and the sentence, contradicting some recent sentence stating that the new indemnity should have been added to the damages calculated according to the current rules. The indemnity at issue is full-comprehensive and the payment of it excludes any other kind of indemnity of damages. This sentence solves another doubt risen in these last months, clarifying the mentioned discipline applies to the pending litigations as well.