A worker who has been hired illegitimately for a fixed term, in addition to always being entitled to the conversion of the permanent contract (contrary to what was established by Article 32 of Law No. 183/2010), can obtain, for the period included between the termination of the fixed term relationship and the ruling that ascertains the illegitimacy, a compensation that ranges from 5 and 12 monthly payments envisaged by the above mentioned Collegato Lavoro (work-linked). But in addition to this lump-sum indemnity, he has the right to the monthly payments after the sentence, up to the effective reinstatement, as established by the Consultancy under sentence no. 303 of 2011.
Any higher compensation (corresponding to all the monthly payments included in the termination of the relationship and the sentence, beyond the limit of 12 months of law 183/2010) decided with the sentence before the Collegato Lavoro must be reviewed considering this legislation whenever the sentence has not become final, therefore even when the judgments are still pending in the Appeal or Cassation, as established by the Supreme Court with the recent sentence no. 3305 of 2 March 2012.
