{"id":25216,"date":"2023-11-02T08:45:17","date_gmt":"2023-11-02T07:45:17","guid":{"rendered":"https:\/\/www.delucapartners.it\/news\/lo-sai-che-il-ministero-del-lavoro-con-la-circolare-n-9-del-9-ottobre-2023-ha-fornito-importanti-chiarimenti-sulla-disciplina-dei-contratti-a-termine-2\/"},"modified":"2026-04-07T18:12:37","modified_gmt":"2026-04-07T16:12:37","slug":"lo-sai-che-il-ministero-del-lavoro-con-la-circolare-n-9-del-9-ottobre-2023-ha-fornito-importanti-chiarimenti-sulla-disciplina-dei-contratti-a-termine","status":"publish","type":"post","link":"https:\/\/www.delucapartners.it\/en\/insights\/did-you-know-that-the-ministry-of-labour-with-circular-no-9-of-9-october-2023-provided-important-clarification-on-the-regulations-governing-fixed-term-contracts\/","title":{"rendered":"DID YOU KNOW THAT… the Ministry of Labour, with circular no. 9 of 9 October 2023 provided important clarification on the regulations governing fixed-term contracts?"},"content":{"rendered":"\n

With this circular the Italian Ministry of Labour provided its first guidelines on the most significant new initiatives introduced by Italian Decree-Law no. 48 of 2023, converted into law with amendments by Italian Law no. 85 of 3 July 2023, on fixed-term contracts.<\/p>\n\n\n\n

From among these, the most significant clarification provided by the Ministry concerns the provision referred to in Article 24, paragraph 1-ter<\/em> of Italian Decree-Law no. 48\/2023, added when converting it into law, which provides that \u201cFor the purpose of calculating the 12-month period provided for in Article 19, paragraph 1, and Article 21, paragraph 1, of <\/em>[Italian] Legislative Decree<\/em> no. 81 of 2015<\/em> […], only contracts already entered into on the date of entry into force of this decree are taken into account\u201d<\/em> (Editor\u2019s note: 5 May 2023).<\/p>\n\n\n\n

In this regard, the Ministry has clarified that, under above provision, any fixed-term employment relationships between the same parties under contracts entered into before 5 May 2023 do not count towards the 12-month period within which the use of fixed-term employment contracts is permitted without restriction.<\/p>\n\n\n\n

From 5 May 2023, employers will therefore be able to use fixed-term employment contracts for an additional period (maximum) of 12 months, regardless of any relationships already existing between the same employer and the same worker under contracts entered into before 5 May 2023, without prejudice to the maximum duration of fixed-term contracts provided for by law or national collective bargaining.<\/p>\n\n\n\n

For example, the Ministry has clarified that, if after 5 May 2023, a fixed-term employment contract entered into before that date expires, that contract may be renewed or extended \u201cwithout restriction\u201d for a further 12 months.<\/p>\n\n\n\n

Otherwise, again by way of example, if in the period between 5 May 2023 and 4 July 2023 – the date of entry into force of paragraph 1-ter<\/em> – the parties have already renewed or extended a fixed-term employment relationship for six months, they may enter into a fixed-term contract for a further period not exceeding six months \u201cwithout conditions\u201d.<\/p>\n\n\n\n

It is therefore the time when the employment contract was entered into – before or after 5 May 2023 – that must be referred to for application of this provision.<\/p>\n\n\n\n

In this regard, the Ministry continued, the expression \u201centered into\u201d used in Article 24, paragraph 1-ter<\/em> must be considered to refer both to the renewals of previous fixed-term employment contracts and to the extensions of existing contracts.<\/p>\n\n\n\n

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