Categories: Insights

27 Oct 2011

Court of Cassation: void fixed term employment contract without conversion

Should the fixed term employment contract be null and void, the employee is not entitled to obtain the conversion into an open ended employment contract because the nullity of the provision which sets the duration carries away the entire contract. This is what the Court of Rome stated with the sentence no. 14681/2011, through which the labor judge has taken back an interpretation worked out after the approval of the Legislative Decree no. 368/01. The judge rejected the employee’s claim, asserting that in case of nullity of the term, art. 1419 of the Italian Civil Code applies. In the light of the latter, when a provision of the contract is void, the whole contract is carried away due to the defect, unless it is proved that the parties would enter into it even without the provision at issue.
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