DLP Insights

Court of Milan: the fixed-term employment contract for the substitution of the employee in maternity leave is valid even if the reasons of absence change

Categories: DLP Insights, Case Law

11 Nov 2011
The Court of Milan, with reference to the legitimacy of a fixed-term contract for substitutive reasons, with sentence no. 5020 of October 25, 2011 clarified that the fixed-term hiring contract for the substitution of an employee in maternity leave is valid also when the absence reasons change (in this particular case, the absence continued for holidays). The Court in fact, given that the substituted employee’s data, the absence reasons and the absent period were indicated in the contract, the reason of the fixed term remains valid also for the period of holidays: it is sufficient that her absence continued. The Court also specified that the expiration term can coincide with the absence termination and it has not to be indicated through a specific date, being necessary that the expiration term is only definable; in this particular case it was not necessary the indication of a specific expiration date, because it was linked with the substitution reasons and coincided with the substituted employee’s coming back.

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