{"id":25460,"date":"2024-10-02T06:48:24","date_gmt":"2024-10-02T04:48:24","guid":{"rendered":"https:\/\/www.delucapartners.it\/news\/lo-sai-che-dal-17-settembre-2024-il-decreto-salva-infrazioni-ha-aumentato-i-risarcimenti-per-i-contratti-a-termine-dichiarati-illegittimi-2\/"},"modified":"2026-04-07T18:11:33","modified_gmt":"2026-04-07T16:11:33","slug":"lo-sai-che-dal-17-settembre-2024-il-decreto-salva-infrazioni-ha-aumentato-i-risarcimenti-per-i-contratti-a-termine-dichiarati-illegittimi","status":"publish","type":"post","link":"https:\/\/www.delucapartners.it\/en\/insights\/did-you-know-that-since-17-september-2024-the-salva-infrazioni-decree-has-increased-the-compensation-indemnity-for-fixed-term-contracts-declared-unlawful\/","title":{"rendered":"DID YOU KNOW THAT\u2026 Since 17 September 2024, the \u201cSalva Infrazioni\u201d decree has increased the compensation indemnity for fixed-term contracts declared unlawful?"},"content":{"rendered":"\n

Decree-Law No. 131\/2024, published in the Official Gazette on 16 September and in force since 17 September, introduced important changes for employers in the management of fixed-term contracts. This measure, known as the \u201cDecreto Salva Infrazioni<\/em>\u201d, meets the request of the European Union – which started an infringement procedure against Italy – to align national legislation with the EU Directive 1999\/70\/EC on fixed-term work. <\/p>\n\n\n\n

In particular, the EU Commission found that the provision of a minimum and, especially, a maximum payment to the worker was not an effective deterrent against the abuse of fixed-term contracts. <\/p>\n\n\n\n

The Decree in question has therefore amended Article 28, paragraphs 2 and 3 of Legislative Decree No. 81\/2015 (\u201cJobs Act\u201d), introducing significant changes regarding the compensation indemnity for damages in case of fixed-term contracts declared unlawful. <\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

<\/h2>\n\n\n\n

Compensation indemnity exceeding 12-month instalments<\/strong> <\/h2>\n\n\n\n

One of the most impressive aspects for companies concerns the extension of the judge\u2019s power to set compensation indemnity exceeding 12-month instalments in cases of unlawful fixed-term contracts. Previously, when a fixed-term contract was converted into an open-ended contract, the employee was entitled to a lump sum indemnity ranging from 2.5 to 12-month instalments of the last reference salary for calculating severance pay. Now, as a result of the amendment introduced, the employer may be sentenced to pay significantly higher sums if the employee proves greater damage, such as an extended period of litigation. <\/p>\n\n\n\n

Abrogation of the limit of 6 months of payments<\/strong> <\/h2>\n\n\n\n

Another important change is the abrogation of the 6-month limit on indemnity due to workers in the case of fixed-term contracts that have been declared unlawful, a limit that previously applied in the case of collective agreements that provided for procedures to stabilize fixed-term workers. Under the previous legislation, companies could benefit from this cap, reducing the economic risk associated with any disputes. <\/p>\n\n\n\n

Implications<\/strong> <\/h2>\n\n\n\n

The amendments introduced by the \u201cSalva Infrazioni<\/em>\u201d decree imply a significant change in the management of human resources for employers. In fact, they will have to pay more attention to complying with the rules on fixed-term contracts, avoiding abuses and ensuring the correct application of the rules in force. As a result, companies will have to adopt a more prudent and rigorous strategy in the use of fixed-term contracts in order to reduce the risk of expensive claims. <\/p>\n\n\n\n


Other related insights: <\/strong><\/p>\n\n\n\n