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01.082014

Fixed term contracts: first guidelines of Labour Ministry (Il Sole 24 Ore, July 31, 2014, page 33)

Labour Ministry, with note no. 18/14 of July 30, provided for first operational guidelines on the news introduced by Law Decree no. 34/2014 regarding fixed term contracts, staff leasing and apprenticeship. Main guidelines of the Ministry are referred to: (i) the exclusion from the base for calculating the quantitative threshold of the so called “ancillary” and “intermittent” worker, as well as self-employed worker; (ii) the specification that calculation of the occupational base must be made with reference to the company as a whole and not just to the production unit; (iii) the specification that 20% threshold is not a fixed number but a proportion between long-term and fixed term workforce. As for the staff leasing, the note clarified that administrative sanction for the exceeding of the threshold is not applicable to this kind of contract.