“Flexible contracts put to the test by the Dignity Act” Conference – Convenia, Milan (2 October 2018) and Rome (9 October 2018)

Alberto De Luca will be the speaker at the “Flexible contracts put to the test by the Dignity Act” conference organized by Convenia in Milan on 2 October and in Rome on 9 October.

Place:

The event will take place in Milan at the NH Machiavelli Hotel, Via Lazzaretto 5, and in Rome at the Ambasciatori Palace Hotel, Via Vittorio Veneto 62.

Focus:

The event will focus in particular on the following subjects.

Staff leasing fixed-term contracts

– references to the legislation governing fixed-term contracts – protection of the profiles with special nature and references to the collective bargaining agreements – aspects concerning the computation of relevant periods in relation to the maximum duration of contracts – justifications and pertinence thereof to employment contract – implications on the corrective actions

Staff leasing fixed-term contracts

Regulations set forth for the fixed-term contracts apply also to staff leasing fixed-term contracts, except Article 21, paragraph 2 (governing the so-called “stop & go”), Article 23 (“Total number of fixed-term contracts”) and Article 24 (“Rights to take precedence”), of Legislative Decree No. 81/2015. In addition, it is also established that the number of employees hired under a staff leasing fixed-term contract shall not exceed in total 30% of the number of employees under an open-term contract working for the employer as of 1 January of the year in which said contracts have been signed. This without prejudice to other provisions established in the collective bargaining agreements applied by the employer and without prejudice to the quota limit pursuant to  article 23 of Legislative Decree No. 81/2015. The so-called fraudulent staff-leasing repealed by Legislative Decree No. 81/2015 is reintroduced and sanctioned with a monetary fine to be paid by the staff leasing company and the employer in the amount of EUR 20 per each employee involved and per each day of leasing.

Speech

Alberto De Luca participated as one of the speakers at the conference to further explore the changes introduced by the Dignity Decree:

“If according to the Dignity Decree the fixed term contract without specified reason (including through staff leasing contracts) can last no more than 12 months, it is also true that according to the employment trend in the Country recorded in 2017, and thus according to the previous rules that allowed greater flexibility, this was the term for the majority of fixed-term contracts entered into by businesses”.

“With the Dignity Decree, the collective bargaining agreement takes on an even more important role, to allow businesses not only to expand the use (at least in terms of quantity) of fixed-term contracts, but also to adopt coding and verifications of the reasons actually allowed”.

“With the restrictions on fixed-term contract hirings, the individuals with less professional skills will be the ones that potentially will experience greater job insecurity. In fact, it is possible that, upon termination of the first 12 -months contract without specified reason, the employer may decide to hire another individual in order to continue to benefit from the opportunity not to have to provide a reason, thus increasing job insecurity instead of decreasing it”.