Categories: Insights · News, Interviews


26 Aug 2018

“Too much protection and rigidity. The three reasons limit business operations” (L’Economia del Corriere della Sera, 27 August 2018 – Vittorio De Luca)

Too much protection and rigid obligations. The Dignity Decree is an insidious and difficult law to apply. In the opinion of attorney Vittorio De Luca, Managing Partner of the Law Firm De Luca & Partners, specialised in labour law, “now more than ever, businesses must pay significant attention to the reasons that legitimate the use of fixed term contract and to the finalisation of the related reason. In fact, they represent the main pitfalls of the new law on fixed term contracts”. Indeed, the decree “does not limit itself to call for the obligation to provide a reason for the use of the fixed term contract, but also requires that the reason be due to ‘temporary, significant and non-programmable increases’ of the ordinary business activity. In the case of a dispute, it is difficult, in the majority of the cases, for businesses to provide proof that all three requirements have been met”, the attorney explains. The obligation to provide the reasons has been introduced for the first time in the Italian legal system in 1962, with the Law 230, in a completely different economic context compared to the current one. Only in 2014 it was finally abrogated. Now, the rules have changed again. It will take 12 to 18 months for the labour law expert to see if the changes introduced will help in promoting open-term employment. However, I am afraid that the transformation of fixed term contracts into open-term contracts hoped for by the government will not occur. If this were to be the case, I hope the law-makers will have a change of heart on the effectiveness of the new regulation”, De Luca adds.
“In addition, the requirement to add a reason may drive companies to enter into three 12-month contracts with three different people, rather than hiring a single person for three years. In this case, the possibilities for a stabilisation of the relationship would be reduced significantly”.
To discourage “the excessive use of fixed term contracts”, as it is in the intentions of the government, it would be better to work on the reduction of the tax and social security contribution burden associated with open-term contracts.

 

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

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…