Brescia Court of Appeal: nullity of the clause regarding the term (Il Sole 24 Ore, April 10, 2014, page 43)

Brescia Court of Appeal, with judgment of April 3, 2014, stated the nullity of the clause regarding the term when exceeding the 15% percentage threshold set in the mail offices sector by art. 2, par. 1-bis, of the Legislative Decree no. 368/2001. According to the judge, the reason of this provision which set a limit for entering into fixed-term contracts is aimed at declaring void those contracts which exceed the mentioned threshold provided for by law. Moreover, the party who intends to claim the nullity of the clause regarding the term in breach of the percentage has to expressly prove that the contract has been entered into when employer had already reached the threshold.