The reasons justifying use of a temporary work contract

The Court of Appeals of Milan, Labor Section, with its ruling, rejected the appeal submitted by a temporary worker of our Client, who had challenged the temporary work contract requesting, inter alia, verification of (i) the nullity and/or illegalness and/or ineffectiveness of the termination date set in the contract and (ii) the existence of open end employment with the user Company from the beginning. The opposing party’s argument was all based on the assumption of the general nature of the reasons justifying the use of a temporary work contract and the absence of a temporary or exceptional nature in terms of the company’s needs. The Bench did not agree with the appellant’s findings, confirming that, “in the case in question the indication of the client’s identification code and the qualification of the relative orders in the periods characterized by an exceptional nature (and, thus, necessarily, con ex ante assessment, of a temporary nature) make the clause supported by a degree of specificness sufficient for meeting the formal requirement of the temporary work contract allowed by article 21, paragraph 1, therein, because it provides adequate mention of the reasons justifying the use of this type of contract, and for this purpose additional details are not required”.