Categories: Insights


28 Feb 2016

Ministry of Labour: who keeps silent has no right to priority

By replying to questioning No. 7/2016 raised by Confindustria, the Ministry of Labour provides clarification on the right to priority and on contributory exemption. In particular, the Ministry of Labour was requested whether the employer may benefit from the contributory exemption under article 1, paragraph 118, of Law No. 190/2014, for the purposes of hiring for an indefinite term/for the purposes of turning fixed-term employment into indefinite term employment in the event that another employee, having ceased his/her fixed-term employment or with a fixed-term employment contract still in force, has not exercised the right to priority prior to the hiring. The Ministry has clarified that the employee who keeps silent has no right to priority to any hiring for an indefinite term with the employer where he/she has carried out the fixed-term employment and the latter may hire other staff and have recourse to the contributory exemption under Law No. 190/2014. The Ministry has thus taken an important stance in connection with the importance of the right to priority in fixed-term employment contracts, following the provision under article 24 of Legislative Decree No. 81/2015. In short, the Ministry does not consider it a right automatically vested in the employee merely due to the fact of having carried out fixed-term employment, whereby an express written declaration to said extent will be needed.

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

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…