L’onnicomprensività della retribuzione nel pubblico impiego tra debito lavorativo e art. 36 Cost.

Auriemma, Simone

2024-01-01

---

Abstract

Starting from the idea that for civil servants’ wages the “all-inclusiveness remuneration” is inherent to the obligation of service expected by the public servant and noting that the criteria for identifying its exact scale could rise difficulties for public managers dealing with it. Since the boundaries between the economic benefits which could be recognised as belonging to the area of the obligation of service expected by the public servant (subject to the all-inclusiveness remuneration) and those benefits which are not belonging to it (not subject to the all-inclusiveness) are blurred, the essay proposes to shed light on this distinction, through an interpretation of “all-inclusiveness remuneration”, criticising the majority scholar’s theory so far, in order to be as far as possible consistent with the parameter of art. 36 Const. also in the light of the Supreme Court of Cassation recent rulings on ‘just’ remuneration.