In the context of public employment, if an employee performs higher duties, such exercise \"in no case gives rise to the right to the definitive acquisition of a different qualification\": this means that the performance of higher duties by a public employee does not naturally result in the right to automatic promotion to a new job category, but only to the corresponding compensation. This is because the Italian Constitution requires public competition for all career advancements in public employment (Article 97, fourth paragraph).
In private employment, however, the assignment of higher duties occurs when there is a need to replace an absent worker or in case of particular organizational needs that cover a limited period: in both cases, the employee will receive the economic treatment corresponding to the level of the duties performed by them. However, if the employee continues to perform higher duties, they may request promotion, i.e., the definitive recognition of the higher qualification.
Naturally, for such recognition to be legitimate, the performance of higher duties must been expressly desired by the employer, who has entrusted the employee with new assignments. This means that the employee is not entitled to either an increase in salary or promotion if it was their choice to perform higher duties.
The recognition of the higher qualification is a highly debated topic in doctrine and is the subject of numerous judicial decisions. For this reason, our advice is to rely on an experienced employment lawyer who is up-to-date on the subject and can fully protect your rights.