I-vii.1 Fixed-term employment contract

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NATIONAL LABOUR MARKET POLICIES

Basic Information Reports

3.7.1.I-vii.1 Fixed-term employment contract
(Contratto di lavoro a tempo determinato)

3.7.1.1. Legal basis

- Law 230 of 18.4.1962;

- Law 266 of 23.5.1977;

- Law 79 of 25.3.1983;

- Law 56 of 28.2.1985;

- Decree-Law 876 of 3.12.1977, converted into Law 18 of 3.2.1978;

- Law 598 of 26.11.1979.

3.7.1.2. Contents

The fixed-term contract is authorised in the following cases:

- when the duration is limited by the nature of the contract (seasonal work);

- for the temporary replacement of an absent worker who retains the right to his/her job;

- for carrying out a specific task or service predetermined in time and of an extraordinary or casual nature;

- for tasks or series of tasks which require workers with skills which differ from those normally used in the firm, provided that these tasks are limited to complementary or additional work for which there is no employment continuity in the firm;

- for the recruitment of personnel related to specific shows or to specific radio and television programmes;

- in the sectors of commerce and tourism, when, during the year, the need arises to step up work which cannot be carried out with the normal number of employees.

Furthermore, fixed-term employment contracts can be used in the cases laid down in collective agreements signed with the unions. Such agreements stipulate which percentage of staff can be hired on a fixed-term contract with respect to the number of workers employed on the basis of a permanent contract.

Fixing the duration is invalid if it is not the result of a written document.

If it is not possible to set the exact date of the end of the contract, this can be related to a future event (for example, the end of a certain job, the return of an employee who is being replaced, etc.).

The term of the contract can be extended once and under special conditions.

In specific cases workers who have been hired under a fixed-term contract for a seasonal job have priority for being recruited by the same company with the same status.

Workers who have been hired under a fixed-term contract for a duration not exceeding four months in the calendar year, remain registered and retain their ranking on the placement lists.

3.7.1.3. Duration

Unlimited