Duties And Responsibilities Of The Public Employee. Absenteeism And Responsibility For Damamge To The Public Administration Image

Usually, access to the public employment is through a public competition, open to all citizens who own participatory requirements foreseen by the law (Article 97, co. 4, Italian Constitution). The recruitment service is perfected by entering into an individual work contract, specifically a negotiating act between the parties. As any subordinate employment relationship, public employment also generates rights and duties for the same employees, that derive from constitutional principles, national rules and collective bargaining of the various work areas. Among the most recent regulatory provisions in this area, we find DPR n. 62 of April 16, 2013 (Rule on the behaviour code of public employees), that defines the minimum duties of diligence, loyalty, impartiality and good conduct that public employees are required to observe. The violation of these obligations, which lie on the public employee, determines its disciplinary responsibility in accordance with the provisions of Art. 55 of Legislative Decree 165 of 2001, recently renounced by Law n. 124 of August 7, 2015 (Delegations to the Government on the Reorganization of Public Administrations). The goal of this last rule is to regulate, more precisely, disciplinary dismissal rules of the public employee and to repress more effectively those behaviours that attest to false presence on duty.