For almost 35 years straight he worked as an employee of the order of surgeons and dentists of the province of Grosseto, but as a contract he only had one co.co.co. reiterated over time, even though he carried out many other tasks, therefore without contributions. Now the supreme court of Cassation has put an end to the legal dispute, definitively ruling in favor of the woman.
The stoats, in fact, confirmed the previous decisions of their colleagues from Grosseto and the Florentine Court of Appeal, rejecting the appeal of thethe medical order of Grosseto which will have to pay the woman approximately 118 thousand euros, including compensation and legal expenses, and above all it will have to set up a life fund at the INPSat her expense of course, which will serve to supplement the woman’s pension.
This is thanks to a law that provides for this type of annuity and fund for an employer who for any reason has not paid, on time, the contributions due to an employee, either on a voluntary basis or by order of the judiciary. Therefore the fundamental prerequisite is first of all to demonstrate subordinate employment over the years to such an extent that it is no longer possible to pay the missing contributions for reasons of limitation.
In the three levels of judgment the woman managed to demonstrate that in her case it was a co.co.co. fictitious, as per the ruling of the stoats. According to the defense team, which on behalf of the medical association had brought an appeal to the Court of Cassation, the deadline had expired and therefore it was necessary, if anything, to take into consideration only the woman’s last 10 working years.
Also, always according to the doctors’ lawyers, the woman worked for 35 years at the institution but she received a financial treatment much higher than what she would have been entitled to on the basis of collective bargaining, realizing at the end of the relationship that the legal framework to which the relationship had been traced was incorrect. Hypotheses not shared by the Court of Cassation which rejected them.
The problem in cases like this is not only related to possible salary differences between a co.co.co. and an employee contract but obviously right at the lack of contributions for which one works even for decades without then having the correct and truly due pension. Finally, regarding the prescription, the stoats have definitively clarified the general and particular aspect of the entire affair, setting unambiguous and specific limits, also useful in other cases of the kind, since it is precisely an orientation of the Supreme Court.
“In this case, therefore, since the subordinate nature of the work was the basis of the action aimed at the attribution of emoluments which could only be requested at the end of the relationship, the statute of limitations did not expire.” The appeal must therefore be rejected. The Grosseto medical association was also sentenced to around 6 thousand euros in legal costs. The woman will now have everything she is entitled to and a pension commensurate with her actual work carried out for three decades in a row as an employee and not as a collaborator.
