52In that regard, it is apparent from the documents before the Court that the national legislation contains other measures to prevent and penalise the misuse of fixed-term contracts. Thus, Article 36(5) of Legislative Decree No 165/2001 provides that the authorities are required to recover from the managers responsible the sums paid to workers as compensation for the harm suffered as a result of the infringement of the provisions concerning recruitment or employment, where that infringement is intentional or the result of gross negligence. Such an infringement would also be taken into account for the purpose of assessing the work of those managers, who could, due to that breach, not be awarded a performance bonus. In addition, Article 36(6) of that legislative decree provides that public authorities which have acted in breach of the provisions concerning recruitment or employment cannot proceed with recruitments, for any reason whatsoever, during the three years following that breach.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.