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> GOVERNANCE - home > Employment protection legislation database - EPLex > Italy

Italy - Types of employment contracts


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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • The length of probationary periods is provided by collective bargaining agreements. However, Article 10 of Law No. 604 of 1966 provides for a maximum length of 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use:
    Remarks:
    • Limitations after the first 12 months.

      Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that there is no need to indicate a specific reason to enter a FTC when it has a maximum duration of 12 months.
      The FTC can have a duration higher than 12 months, but in any case lower than 24 months, only if there is one of the following justifying reasons: a) temporary and objective needs unrelated to the ordinary business activity of the employer, or needs of temporarily replace other employees; or b) temporary, significant and unpredictable peaks in the ordinary business activity of the employer.

      Notwithstanding the above, Article 20 of Legislative Decree No. 81 of 2015 provides that it is forbidden to use a FTC in the following cases: i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 months; iii) when the business unit suffered suspension or reduction of activities connected to the intervention of State salary support; iv) employers that have not carried out the risk assessment activity in accordance with health and safety legislation.
  • Maximum number of successive FTCs: 4
    Remarks:
    • Article 21 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 24 months, and, in any case, for maximum four times in 24 months.If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the fifth extension.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the maximum duration of a FTC is 24 months.
      Article 21, as amended by Law Decree No. 87 of 2018, provides that a FTC can be extended for maximum four times in 24 months.
  • % of workforce under FTC: 13.1 %
    Remarks:
    • Source: Eurostat, for the year 2018 available at https://ec.europa.eu/eurostat/databrowser/view/tesem110/default/table?lang=en
      The figure refers to the percentage of employees with a contract of limited duration (= temporary job) of total number of employee aged 20-64 years.

      Eurostat data are based on the following definition:
      ‘A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts.’

Notes / Remarks
Article 23 of Legislative Decree No. 81 of 2015 provides that, unless otherwise provided by collective bargaining agreements, the number of employees employed under a FTC cannot exceed the limit of 20% of the total number of employees employed by an employer under open-ended employment contracts.

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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • The length of probationary periods is provided by collective bargaining agreements. However, Article 10 of Law No. 604 of 1966 provides for a maximum length of 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use:
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Limitations after the first 12 months.

      Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that there is no need to indicate a specific reason to enter a FTC when it has a maximum duration of 12 months.
      The FTC can have a duration higher than 12 months, but in any case lower than 24 months, only if there is one of the following justifying reasons: a) temporary and objective needs unrelated to the ordinary business activity of the employer, or needs of temporarily replace other employees; or b) temporary, significant and unpredictable peaks in the ordinary business activity of the employer.

      Notwithstanding the above, Article 20 of Legislative Decree No. 81 of 2015 provides that it is forbidden to use a FTC in the following cases: i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 months; iii) when the business unit suffered suspension or reduction of activities connected to the intervention of State salary support; iv) employers that have not carried out the risk assessment activity in accordance with health and safety legislation.
  • Maximum number of successive FTCs: 4
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Article 21 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 24 months, and, in any case, for maximum four times in 24 months.If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the fifth extension.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the maximum duration of a FTC is 24 months.
      Article 21, as amended by Law Decree No. 87 of 2018, provides that a FTC can be extended for maximum four times in 24 months.
  • % of workforce under FTC: 13.1 %
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Source: Eurostat, for the year 2018 available at https://ec.europa.eu/eurostat/databrowser/view/tesem110/default/table?lang=en
      The figure refers to the percentage of employees with a contract of limited duration (= temporary job) of total number of employee aged 20-64 years.

      Eurostat data are based on the following definition:
      ‘A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts.’

Notes / Remarks
Article 23 of Legislative Decree No. 81 of 2015 provides that, unless otherwise provided by collective bargaining agreements, the number of employees employed under a FTC cannot exceed the limit of 20% of the total number of employees employed by an employer under open-ended employment contracts.

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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • The length of probationary periods is provided by collective bargaining agreements. However, Article 10 of Law No. 604 of 1966 provides for a maximum length of 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • There is no need to indicate a specific reason to enter a FTC. However, Article 20 of Legislative Decree No. 81 of 2015 provides that it is forbidden to use a FTC in the following cases: i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 months; iii) when the business unit suffered suspension or reduction of activities connected to the intervention of State salary support; iv) employers that have not carried out the risk assessment activity in accordance with health and safety legislation.
  • Maximum number of successive FTCs: 5
    Remarks:
    • Article 21 of Legislative Decree No. 81 of 2015 provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 36 months, and, in any case, for maximum five times in 36 months. If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the sixth extension.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Article 19 of Legislative Decree No. 81 of 2015 provides that the maximum duration of a FTC is 36 months.
      Article 21 provides that a FTC can be extended for maximum five times in 36 months.
  • % of workforce under FTC: 11.8 %
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Source: Eurostat, for the year 2017 available at https://ec.europa.eu/eurostat/databrowser/view/tesem110/default/table?lang=en
      The figure refers to the percentage of employees with a contract of limited duration (= temporary job) of total number of employee aged 20-64 years.

      Eurostat data are based on the following definition:
      ‘A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts.’

Notes / Remarks
Article 23 of Legislative Decree No. 81 of 2015 provides that, unless otherwise provided by collective bargaining agreements, the number of employees employed under a FTC cannot exceed the limit of 20% of the total number of employees employed by an employer under open-ended employment contracts.

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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • The length of probationary periods is provided by collective bargaining agreements. However, Article 10 of Law No. 604 of 1966 provides for a maximum length of 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • There is no need to indicate a specific reason to enter a FTC. However, Article 20 of Legislative Decree No. 81 of 2015 provides that it is forbidden to use a FTC in the following cases: i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 months; iii) when the business unit suffered suspension or reduction of activities connected to the intervention of State salary support; iv) employers that have not carried out the risk assessment activity in accordance with health and safety legislation.
  • Maximum number of successive FTCs: 5
    Remarks:
    • Article 21 of Legislative Decree No. 81 of 2015 provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 36 months, and, in any case, for maximum five times in 36 months. If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the sixth extension.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Article 19 of Legislative Decree No. 81 of 2015 provides that the maximum duration of a FTC is 36 months.
      Article 21 provides that a FTC can be extended for maximum five times in 36 months.
  • % of workforce under FTC: 10.7 %
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Source: Eurostat, for the year 2016 available at https://ec.europa.eu/eurostat/databrowser/view/tesem110/default/table?lang=en
      The figure refers to the percentage of employees with a contract of limited duration (= temporary job) of total number of employee aged 20-64 years.
      Eurostat data are based on the following definition:
      ‘A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts.’

Notes / Remarks
Article 23 of Legislative Decree No. 81 of 2015 provides that, unless otherwise provided by collective bargaining agreements, the number of employees employed under a FTC cannot exceed the limit of 20% of the total number of employees employed by an employer under open-ended employment contracts.

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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • According to article 19 of Legislative Decree nº 18/2015, the reasons for executing a fixed-term agreement with duration superior to 12 months, and limited to 24 months, have to be related to one of the following: i)temporary and objective needs, unrelated to ordinary activities, or a temporary need to replace employees; ii) requirements connected to temporary and significant increases in ordinary activities, which could not be planned in advance.
      Article 20 provides that FTC´s are not lawful in case of i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 monts; iii) when the business unit suffered suspension or reduction of activities connected to the possible hiring process; iv) to engage workers who have not been evaluated by occupation health services.
  • Maximum number of successive FTCs: 5
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Article 21 of Legislative Decree No. 81 of 2015 provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 36 months, and, in any case, for maximum five times in 36 months. If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the sixth extension.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Article 19 of Legislative Decree No. 81 of 2015 provides that the maximum duration of a FTC is 36 months.
      Article 21 provides that a FTC can be extended for maximum five times in 36 months.
  • % of workforce under FTC: 10.8 %
    Remarks:
    • Source: Eurostat, for the year 2015.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Notes / Remarks
According to article 23 of Legislative Decree 18/2015, the number of workers engaged in FTC´s cannot exceed the limit of 20% of the total amount of workers engaged in open-end contracts. The exceptions provided by paragraph 2 comprise i) start-up phase of new activities or companies; ii) carrying out the seasonal activities referred to in Article 21, paragraph 2; iii) specific shows or specific radio or television programs or for the production of specific audiovisual works; iv) replacement of absent workers; v) workers over 50 years old.

Article 28 establishes that in case a FTC is turned into a open-end contract by a judicial decision, the employer must pay an indemnity correspondent to 2,5 up to 12 months of salary.

According to article 29, the following are excluded from the scope of this chapter, as already governed by specific regulations: a) without prejudice to the provisions of Articles 25 and 27, the relationships established pursuant to Article 8, paragraph 2, of Law no. . 223 of 1991; b) employment relationships between agricultural employers and fixed-term workers, as defined by article 12, paragraph 2, of Legislative Decree 11 August 1993, no. 375; c) calls to service of voluntary staff of the National Fire Brigade. 2 The following are also excluded from the scope of this chapter: a) fixed-term employment contracts with managers, who cannot have a lasting more than five years, except for the right of the manager to withdraw pursuant to article 2118 of the civil code after three years; b) relationships for the execution of special services lasting no more than three days, in the tourism and public sector, in the cases identified by collective agreements, as well as those established for the provision of temporary port work referred to in article 17 of the law 28 January 1994, n. 84, without prejudice to the obligation to communicate the establishment of the employment relationship by the previous day; (19) c) fixed-term contracts entered into with teaching staff and ATAs for the supply of substitutes and with the healthcare staff, including managers, of the National Health Service; d) fixed-term contracts entered into pursuant to law no. 240. (21) 3. To the artistic and technical staff of the music production foundations referred to in Legislative Decree 29 June 1996, no. 367, the provisions of article 19, paragraphs 1 to 3, and 21 do not apply.

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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation on first FTC
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).

      New in 2014 : no need for objective and material reason to enter into a FTC. The number of employees with a FTC cannot exceed 20% of an employers' overall workforce.
  • Maximum number of successive FTCs: no limitation
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Unlimited number of renewals is possible provided that the 36-month maximum cumulative duration of successive FTCs is complied with and an interruption between the previous FTC expiring and a new one starting occurs (interruptions must be for at least 10 days if the previous FTC with the same employee was shorter than 6 months; 20 days for longer previous FTCs).

      New in 2014 : extension is allowed up to 5 times only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree No. 368 of 2001 amended by Decree No. 34 of 2014.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 4 Leg. Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      Under art. 5.4ter of Legislative Decree 368/2001, as amended by Law 92/2012, exception to the 36-month limit could be provided by national collective bargaining agreements.

      New in 2014 : Before 2014 the 36-month limitation only applied to successive FTC. In the case of a single FTC, no maximum duration was fixed by the law. After Decree 34/2014, the maximum duration of a FTC cannot exceed 36 months, save for exceptional cases (e.g. executives (dirigenti)).
  • % of workforce under FTC: 14.2 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Fixed term contracts can be concluded in two cases: with justification (1.1 of the Decree 368/2001) and as of 2012 without justification (Art. 1.1bis of the Decree 368/2001 as inserted by art. 1.9 of Act 92/2012).
  • Valid reasons for FTC use: objective and material reasons
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).

      Art. 1.1 of the Decree 368/2001 lists the grounds based on which the fixed term contract (when concluded with justification) can be concluded: reasons of technical nature, reasons of production, organization and in the in case of substitution of temporary absent employee.

      However, under art. 1.1bis of the Decree 368/2001 as inserted by art. 1.9 of the Act 92/2012 and substantially amended by Art. 7.1 of the Decree 76/2013, no need to specify objective and material reasons:

      - for the first fixed-term or temporary agency agreement, for a maximum of 12 months
      - with no limitation in duration, if prescribed in collective agreements concluded among the social partners who are held to be comparatively the most representative.

      New in 2013 : this also includes company level collective agreements with no need of prescription by sectoral collective agreements as previously provided under Law 92/2012. The limitations related to the scope of this provision previously set out by Law 92/2012 are no longer in force. Under these limitations, this type of FTC: (i) could be concluded in connection to some circumstances specified by the law (e.g. *for the start of a new business, for the launch of a product or a new service, for the implementation of a significant technological change or the renewal or extension of an consistent order; (ii) it must not cover more than 6% of the working force in the work unit.
  • Maximum number of successive FTCs: no limitation
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • - Extension is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.

      New in 2013 :
      Pursuant to Art. 4. Legislative Decree 368/2001, as amended by Art. 7.1 of Decree 76/2013, one extension is also possible for FTCs entered into without specifying the objective and material reason, in the cases mentioned above. No extension was possible for these types of FTC under Act 92/2012.

      - Unlimited number of renewals is possible provided that the 36-month maximum cumulative duration of successive FTCs is complied with and an interruption between the previous FTC expiring and a new one starting occurs.

      New in 2013 : Under art. 7.1 of Decree 76/2013, the duration of the interruptions was decreased to the original period of at least 10 days if the previous FTC with the same employee was shorter than 6 months and 20 days for longer previous FTCs. Under Law 92/2012, these minimum interruptions had been increased respectively to 60 and 90 days for FTCs shorter or longer than 6 months.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 4 Leg. Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      Under art. 5.4ter of Legislative Decree 368/2001, as amended by Law 92/2012, exception to the 36-month limit could be provided by national collective bargaining agreements.

      Note: This limitation only applies to successive FTC. In the case of a single FTC, no maximum duration is fixed by the law.
  • % of workforce under FTC: 14.2 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • FTC regulated: Yes
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Fixed term contracts can be concluded in two cases: with justification (1.1 of the Decree 368/2001) and as of 2012 without justification (Art. 1.1bis of the Decree 368/2001 as inserted by art. 1.9 of Act 92/2012).
  • Valid reasons for FTC use: objective and material reasons
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).

      Art. 1.1 of the Decree 368/2001 lists the grounds based on which the fixed term contract (when concluded with justification) can be concluded: reasons of technical nature, reasons of production, organization and in the in case of substitution of temporary absent employee.

      New in 2012
      However, under art. 1.1bis of the Decree 368/2001 as inserted by art. 1.9 of the Act 92/2012,
      no need to specify objective and material reasons:
      - for the first fixed-term or temporary agency agreement, for a maximum of 12 months
      - with no limitation in duration, if prescribed in collective agreements (intersectoral, sectoral, company level agreement in this last case only if prescribed by sectoral collective agreement) concluded among the social partners who are held to be comparatively the most representative. Two sets of limitations are imposed upon the conclusion of this type of FTC: (i) they can be concluded in connection to some circumstances specified by the law (e.g. *for the start of a new business, for the launch of a product or a new service, for the implementation of a significant technological change or the renewal or extension of an consistent order; (ii) it must not cover more than 6% of the working force in the work unit

      New in 2012
      Also, art. 28 of Decree 179/2012 read together with art. 1.1 of the Decree 368/2001 states that the justification grounds for the conclusion of the fixed term contracts cited in the art. 1.1 of the Decree 368/2001 (look above) have to be considered as already existing without necessity of proof in the case of start up of industries for the activities related to their own aims. In this case art. 28 of the Decree 179/2012 provides with the minimum duration of FTCs for 6 months, and maximum for 36 months. Here the legislator did not request the respect for the breakes between two or more consecutive contracts. (Look bellow art. 5.3 of the Decree 368/2001 as amended by Act 92/2012).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Extension is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.

      New in 2012 : No extension is possible for FTCs entered into without specifying the objective and material reason in the cases mentioned above.

      Unlimited number of renewals is possible provided that the 36-month maximum cumulative duration of successive FTCs is complied with and an interruption between the previous FTC expiring and a new one starting occurs.

      New in 2012 : interruptions must be for at least 60 days if the previous FTC with the same employee was shorter than 6 months; 90 days for longer previous FTCs; before Law 92/2012 minimum interruptions were respectively 10 and 20 day for FTCs shorter or longer than 6 months.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 4 Legislative Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      New in 2012 : Under art. 5.4ter of Legislative Decree 368/2001 as amended by Law 92/2012 exception to the 36-month limit could be provided by national collective bargaining agreements.

      Note: This limitation only applies to successive FTC. In the case of a single FTC, no maximum duration is fixed by the law.
  • % of workforce under FTC: 14.2 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 1.1 of the Decree 368/2001 lists the grounds based on which the fixed term contract (when concluded with justification) can be concluded: reasons of technical nature, reasons of production, organization and in the in case of substitution of temporary absent employee.

      Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Renewal is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.
      Renewal is not possible for longer FTC.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 4 Leg. Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      Note: This limitation only applies to successive FTC. In the case of a single FTC, no maximum duration is fixed by the law.
  • % of workforce under FTC: 13.4 %
    Remarks:
    • Source: Eurostat, annual average (2011)
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 1.1 of the Decree 368/2001 lists the grounds based on which the fixed term contract (when concluded with justification) can be concluded: reasons of technical nature, reasons of production, organization and in the in case of substitution of temporary absent employee.

      Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Renewal is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.
      Renewal is not possible for longer FTC.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 4 Leg. Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      Note: This limitation only applies to successive FTC. In the case of a single FTC, no maximum duration is fixed by the law.
  • % of workforce under FTC: 12.1 %
    Remarks:
    • Source: Eurostat, as of first trimester 2010.
      The figure refers to the percentage of employees of a total number of employee with a contract of limited duration (= temporary job).
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 1.1 of the Decree 368/2001 lists the grounds based on which the fixed term contract (when concluded with justification) can be concluded: reasons of technical nature, reasons of production, organization and in the in case of substitution of temporary absent employee.

      Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Renewal is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.
      Renewal is not possible for longer FTC.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 4 Leg. Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      Note: This limitation only applies to successive FTC. In the case of a single FTC, no maximum duration is fixed by the law.
  • % of workforce under FTC: 13.4 %
    Remarks:
    • Source: Eurostat, 2009 (annual average).
      The figure refers to the percentage of employees of a total number of employee with a contract of limited duration (= temporary job).
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."