The emergency legislation at the time of Covid-19 overcomplicates the discipline of the fixed-term contract (Guida al Lavoro de Il Sole 24 Ore, 27 November 2020 – Vittorio De Luca e Antonella Iacobellis)

The discipline of fixed-term employment relationships has undergone important amendments by the emergency legislation which has been the subject, and still is, of a wide debate by doctrine who did not spare themselves in identifying the countless critical profiles and contradictory.

The contribution of the Vittorio De Luca and Antonella Iacobellis first offers an high-level overview of the discipline pursuant to Legislative Decree 81/2015 and subsequent amendments related to the fixed-term contract and the leasing contract, then focusing on the emergency discipline in this area which has partially derogated from the provisions of Legislative Decree no. 81/15.

The legislation on COVID-19, also with the aim of facilitating the use of forms of forward bargaining, proved to be so cumbersome and full of critical issues that instead led to a dissuasive effect.

Dissuasive effect that has certainly been fostered by the current crisis, by total uncertainty about the economic and future scenario and also by the emergency legislation that sanctioned the prohibition of dismissal, except for the exceptions dictated by the same.

This is confirmed by the ISTAT data updated to August 2020, which highlighted a vertical collapse of fixed-term contracts: about 425,000 less than in August 2019.

Source: Guida al lavoro de Il Sole 24 ore.