Categories: Insights


30 May 2013

Constitutional Court: employees replacement with fixed term contracts also without the specification of the name (Il Sole 24 Ore, May 30, 2013, page 22)

Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in writing. Nevertheless, for companies with a complex organization, is enough to make reference to employees who are absent in a specific company function. The issue, object of a long interpretative conflict, concerns the modality through which the need to specify the reason of the fixed term contract when entered into for replacement reasons must be fulfilled. In particular, the key point concerns the obligation to specify the name of the replaced employee. if the replacement is referred not to a single person but to a specific productive function, the requirement of the specificity is to be considered satisfied not with the pointing of the name of the replaced employee, but with the check of the quantitative equivalence between the number of fixed term hiring and the number of absent employees.
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

13 Jul 2026

Cautious, yet moving forward (Business People, 13 luglio 2026 – Vittorio De Luca)

In Business People, our Managing Partner, Vittorio De Luca, discusses a business landscape that is cautious, yet far from standing still—one that is rethinking processes, skills, and management…

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…