Categories: Insights

14 Apr 2011

Supply of employees without formality (Court of Bassano, Judgement of 22 March 2011)

The Court of Bassano specified that the reasons for the supply of employees have to be interpreted according to rules which are different from the ones traditionally used to judge the reasons grounding the fixed-term contract. The Court of Bassano reaches the mentioned conclusion, pointing out that law on fixed-term contract provides that the reasons have to be “specified”, while the legislation on the fixed-term supply of employees  establishes that the reasons are only “indicated” in the contract. The judge observes that the lexical difference between the two disciplines cannot be underestimated and, therefore, the obligation concerning the “specification” of the reasons has to be considered differently from the less strict requirement of “indication”. On this regard, it must be pointed out that the interpretation of the Court of Bassano is different from the interpretation of the majority jurisprudence which considers that the reasons of the supply of employees have to be drafted according to the same rules of the fixed-term contract.
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