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15.032013

UNLAWFUL TERM: CHALLENGING WITHIN 120 DAYS (Il Sole 24 Ore, March 11, 2013, page 29)

Amending the rules of individual dismissals, “Fornero Reform” extended the terms for challenging out of Court the fixed term contract in the case of unlawful term provision (Law no. 92/2012 amended Article 32 of Law no. 183/2010). The term for challenging the term has been extended from 60 to 120 days from the contract termination. The need of a longer term is due to the extension of the interval between the termination of a contract and a following one. Should provisions of Law no. 604/1966, Article 6, concern dismissals which imply issues on the validity of the term of duration (according to Articles 1, 2 and 4 of Legislative Decree no. 368/2001), the employee has 120 days from the contract termination for challenging it and the following 180 days for the appeal before the Court or possible settlement solutions. The new rule applies to fixed term contracts termination starting from January 1, 2013.