The quantity of work is not synonymous with the quality of the work. Therefore, if it is a question of comparing a part-time worker with a full-time worker in relation to the amount of work performed (quantity), it is appropriate to apportion the salary based on the hours worked (so that the part-time worker receives, in proportion to the hours worked, the same pay as the full-time worker). But if it is a question of comparing workers of the same level where one is part-time and the other full-time, in relation to the service provided (quality), then it is not fair, and indeed it is occupational discrimination, to apportion experience acquired (professional skills) on the basis of hours worked. This was established by the Italian Court of Cassation in judgment no. 4313 of 19 February 2024, which added that penalising part-time work is discriminating against women, who are more likely to work part-time.

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With judgment no. 4350 of 19 February 2024, the Supreme Court of Cassation addressed the issue of conversion of the part-time employment contract into full-time in circumstances where the worker is constantly working extra hours and overtime. The employee brought a legal case to obtain the ascertainment of the conversion of the employment relationship to full-time in view of the company’s prolonged requests to work extra hours and overtime. The Judgment, in confirming the ruling rendered by the Court of Appeal of Cagliari, stated that if, in a part-time relationship, the employee works extra hours and overtime on a regular and continuous basis, despite the initial different manifestation of will of the parties, the original contractual provisions are novated and the part-time employment relationship is converted, due to conclusive facts, into a full-time relationship. Accordingly, the rules, including with regard to sanctions, envisaged for the part-time contract will no longer apply to the relationship, as that conversion operates not due to a legal source but by mutual will of the parties, which thus become the recipients of the rules envisaged for the full-time contract.