Yes to compensation for psycho-physical wear and tear only in the event of cancellation of the rest day
The damage caused by psychological and physical wear and tear must be compensated to the employee only in the event of cancellation of the weekly rest day. This is what was reiterated by the Court of Cassation in its order of 12 April 2024, n. 9959.
The matter concerns the employees’ request for compensation for damage from psychophysical wear and tear resulting from having served on the seventh consecutive day beyond ordinary working hours.
According to the Court of Cassation, the request is unfounded. The Court reiterates that the right to weekly rest does not necessarily have to coincide with the seventh consecutive day, refuting the appellants’ argument that such failure to comply is sufficient to cause compensable psychological and physical harm without the need for specific evidence. The cited sentences (Cass. n. 41891/2021, Cass. n. 41273/2021) support this interpretation.
Reference is made to cases (Cass. n. 24563/2016 and Cass. n. 24180/2013) in which the psychophysical damage was recognized when the work performance on the seventh consecutive day had led to the total suppression of weekly rest, at least in some weeks.
The Territorial Court, following this orientation and on the basis of established facts, recognized the correct application of the envisaged increase rejected the possibility of additional cumulative compensation for work on public holidays, given that such work took place according to scheduled shifts and without weekly surpluses. Therefore, the workers’ appeal was rejected.
