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Italy | Publication | April 2024
Amendments to the National Collective Labour Agreement for the Trade Sector (“CCNL”) came into force on April 1st, 2024.
In particular, the CCNL has introduced, in Article 71-bis, different grounds that employers must specify where they seek to enforce a fixed-term employment contract where the duration (or the total duration) exceeds 12 months. Generally, in Italy, it is not possible to have a fixed term contract of longer than 12 months (and in any case no longer than 24 months) unless at least one of the following conditions is met:
(a) in cases provided for by collective agreements set out under Article 51 of Legislative Decree no. 81/2015 (the “Decree”);
(b) in the absence of a collective bargaining agreement referred to in point (a), and in any event only until 31 December 2024, for technical, organisational or production requirements identified by the parties; or
(c) to replace other absent employees.
The CCNL contains a number of grounds which may apply, which are divided into the following nine categories:
The applicable reason must be set out in the fixed-term employment contract for more than 12 months, as well as in any letters of extension and renew which extend the duration of the fixed-term employment relationship beyond 12 months. In other words, it will not be sufficient to copy what is laid down in the CCNL, but it will be necessary to indicate the specific reason that falls under one of the above-mentioned categories.
The same provisions apply to fixed-term supply contracts and the reasons justifying the duration that company-users will have to communicate to employment agencies.
This is of course without prejudice to the existing reason which allows for the 'replacement of other workers', provided that the conditions are met.
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