Categories: Insights


16 Jun 2015

Employment procedures defined by contracts or by the ministry (Il Sole 24 Ore, 17 June 2015, Page 41)

Temporary work (or job on call) is an employment contract whereby the worker makes himself available for non-continuous or temporary work, identified by national collective or territorial bargaining, or for pre-set periods during the week, month or year. Job on call includes the payment of an on call indemnity if the employee is required to work when the employer calls. Age and days As with the previous law (Italian Legislative Decree 276/2003), work performances of a temporary nature can be carried out based on needs established by national collective or territorial bargaining, or defined by ministerial decree, including in reference to the possibility of stipulating such contract in pre-set periods during the week, month or year. In terms of subjective requirements, the contract may only be stipulated with workers under 24 or over 55: in both cases, considering three calendar years, it is not possible to exceed 400 days of effective work for each worker with the same employer. The tourism, food and beverage and entertainment sectors are exceptions to this rule. With reference to the case of unjustified refusal by the worker to respond to the employer’s call, this circumstance can still constitute a reason for dismissal and entail the return of the on call indemnity quota related to the period after the unjustified refusal, but does not refer (as included in the current law) also to a “compensation for damages” in the amount established in collective contracts or the employment contract. Exclusions The ban on using temporary work remains in force in three cases: first of all, to replace striking workers; secondly, in production units where layoff procedures, suspensions or reductions in working hours for workers with the same duties have been started in the previous 6 months; lastly, when the employer has failed to perform a risk assessment. With reference to the second case, it should be noted that the ban is mandatory, while the corresponding current law permits trade union agreements to contain a different provision. Moreover, there is a dual notification/information obligation: before the beginning of the job performance or of an integrated cycle of performances with a duration not exceeding 30 days, the employer must communicate the duration to the territorial employment office using electronic procedures, and, on an annual basis at least, the employer must inform the trade union representatives (Italian RSA and RSU) of the trend in using temporary work.

Source:

Il Sole 24 Ore

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…