Fixed-term contracts and principle of equal treatment in Italy

AutorMirko Altimari
CargoResearcher in Labour Law. Faculty of Economics, Catholic University of Milan
Páginas44-50
IusLabor 1/2017
41
FIXED-TERM CONTRACTS AND PRINCIPLE OF EQUAL TREATMENT IN
ITALY
Dr. Mirko Altimari
Researcher in Labour Law
Faculty of Economics, Catholic University of Milan
Introduction
In 2016 temporary contracts in Italy represented 14,1 % of the total number of employed
workers: exactly the same rate of the European Union average in the field, according to
Eurostat (European Institute of Statistics).
This rate has increased during the period of economic crisis (2009-until now) of just less
than two percentage points. There is not a significant difference by gender: the percentage
of male employees with a fixed-term contract is 13,6%, while among female employees
is 14.6%.
1. Is it possible to subscribe a temporary or fixed-term contract? Also to carry out
the company’s permanent needs or activities?
Italian legal system has allowed the opportunity to hire employees with fixed-term
contract since 1942, the year of promulgation of the “Civil Code”. In 1962 the matter was
settled by a special law, which provided equal treatment for temporary workers and a
number of very significant restrictions on fixed-term contracts. The share of temporary
workers has historically been very low, until the matter has been liberalized by Legislative
Decree no. 368 of 2001, that has transposed the directive 1999/70/CE into the Italian
system. This Legislative Decree marked the rupture of unity of purpose among the three
major national unions, inaugurating a season of confrontation between the left-wing
union (CGIL) and the other confederations. The discipline has been revised on several
occasions, according to European Court of Justice judgments.
Finally, the regulation of fixed-term contract has been modified by Legislative Decree
no. 81/2015 (one of the legislative decrees composing the Labour reform called “Jobs
Act”).
To summarize, it is important to point out that the historical disfavor with which the fixed-
term contract had been considered by Italian legal system has turned into a more extensive
liberalization.

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