Employment Decree Law, simplification and flexibility work (Italia Oggi Sette – 27 November 2023, Vittorio De Luca)

For Vittorio De Luca, Managing Partner of the law firm De Luca & Partners, “from an employment law point of view, the most important changes are the new fixed-term contract regime, aimed, at least partially, at overcoming the restrictions introduced by the so-called Dignity Decree, as well as those in the field of safety at work, accidents and welfare. The changes made in the field of fixed-term contracts are significant and considerably expand employers’ flexibility, without reaching the point of complete deregulation introduced almost 10 years ago by Italian Decree-Law no. 34/2014. The Dignity Decree introduced new grounds for relationships lasting longer than 12 months. With the changes introduced it is now possible to enter into, renew or extend fixed-term contracts (i) in the cases provided for under collective agreements referred to in Article 51 of Italian Legislative Decree no. 81/2015, (ii) in the absence of provision for collective bargaining, for technical, organisational or productive needs identified by the parties, as well as (iii) in the event of the replacement of other workers. Article 24, paragraph 1-ter also provides that only employment contracts entered into on or after 5 May 2023 should be considered for the purposes of reaching the 12-month ceiling. Following the applicative uncertainty caused by the content of this provision, the Ministry of Labour, in a Circular of 9 October 2023, clarified that, as from 5 May 2023, employers will be able to make use of fixed-term employment contracts for a further (maximum) period of 12 months, without the need to indicate the ground”.

Continue reading the full version published in Italia Oggi Sette.