The Fornero law does not apply to the dismissals of civil servants, but article 18 of the Workers' Statute.
This was affirmed by the Court of Cassation which intervened with the sentence number 11868 of the Labor Section, filed today following an appeal presented by the Ministry of Infrastructures against an official, fired because he carried out double work, to which the Court of Appeal of Rome had recognized 6 months of compensation, as required by the Fornero law in cases of legitimate dismissal but with violation of the disciplinary dispute procedures.
A decision that confirms what has been declared several times by the Minister of Public Administration, Marianna Madia, who over the last few years has reiterated that article 18 for state employees has never been affected, neither by the Fornero law of 2012 nor by the Jobs Act passed by the Renzi government.
We recall that the disputed law n.92 approved by the Monti Executive, in addition to intervening on pensions, extending the years of permanence in the labor market, introduced changes on layoffs.
In 2014, through the Jobs Act, the Renzi government changed article 18 again, limiting the possibility of reinstatement to discriminatory dismissals, replacing it with economic compensation.
Changes that, however, only concern private employees, not those of the Public Administration. A difference which, according to Minister Madia, would depend on the different nature of the "employer".
The Court of Cassation therefore confirms the Government's approach which, however, would seem to intend to intervene with an ad hoc provision aimed at clarifying any doubts.
The sentence of the Judges of the Supreme Court filed today excludes the possibility that the Fornero reform can be applied the changes made by law 30.3.2001 n.165 (labor reform Fornero, ed.) to article 2 of law 28.6.2012 n.92 (the Statute of workers, ed.), whereby the protection of civil servants in the event of an illegitimate dismissal notified after the entry into force of the aforementioned law no. 18 of 20.5.1970, the one provided for by article 300 of law no. 92 of 2012 in the text prior to the reform remains”.
