DLP Insights

Court of Vicenza: staff leasing with wide reason

Catégories: DLP Insights, Case Law

01 Avr 2011
Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the stipulation of a fixed-term staff leasing contract and has stated that technical, organizational, productive or substitutive reasons set forth by law have not to be pointed in detailed in the aforementioned contract because in the European law restrictions for using staff leasing contract are forbidden. The Court shall not examine if the reason of the contract has pointed in a generic or in a specific way, but only the existence of technical, organizational, productive or substitutive reasons, the fulfillment of formal requirements of the contract and limitations set in the national collective agreement. Therefore, the nullity of the contract may be due to the lack of the written form or of the reason only.

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