Categories: Insights

6 Apr 2010

Fixed term “sliding” contract (Court of Cassation, Labour Section, no. 23761/2009)

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of the replaced worker (correlation beyond which replacement by sliding could no longer be considered, but rather only a pure time coincidence between the absent employee’s internal replacement and the assignment of the replacement to a work position not at all correlated to that left uncovered by the absent worker).
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