MINISTRY OF LABOUR: THE SUPPLY WORK HAS NOT TO BE CONSIDERED IN THE 36 MONTHS LIMIT PROVIDED FOR THE FIXED-TERM EMPLOYMENT CONTRACT (Il Sole 24 Ore, October 20, 2012, page 26)

The Ministry of Labour, with response to questioning No. 32/2012, has clarified that the periods of supply work have not to be considered in the maximum duration, equal to 36 months, provided for the fixed-term employment contract after the exceeding of the maximum duration itself. The Ministry suggests to apply the Law No. 92/2012 with a very particular interpretation: the periods of supply work have to be included in the “counter”, as provided for by the new legislation, but only until the achievement of the above-mentioned 36 months. Once the maximum duration has been attained, according to the Ministry, the employer cannot sign fixed-term employment contract anymore, but can continue to use the employee with fixed-term supply work contract.