With the order no. 15763 filed on 7.6.2021, the Supreme Court rejected the appeal of 24 workers who sued the company (which we assisted) for the recognition of remuneration for the time spent putting on and taking off the service clothes and other personal protective equipment (so called tempo tuta).
In particular, after recalling the well-established legal precedents on this topic according to which “in the employment relationship, the time necessary to put on service clothing is considered working time only if qualified as time put at the employer’s disposal” (Cass. no. 9215/2016), the Court found that in this case it had been recognized that employees were not obliged to wear their work clothes in the company’s changing room, as they could go to work and return home wearing them. On the other hand, confirming the decision of the Court of Appeal, the Supreme Court held that the fact that the employer had offered services such as changing rooms, showers and laundry facilities was irrelevant, as employees were free to choose how to use them.
In the absence, therefore, of the requirement of the employers’ supervision (so called eterodirezione), the activity of dressing/undressing falls within the “preparatory diligence”, part of the principal obligation of the employee, and does not give any entitlement to an autonomous consideration.