The stipulating parties recall the Community and national regulations that define that permanent employment contracts are and will continue to be the common form of employment relationships and that state that fixed-term contracts are a characteristic of employment in certain sectors, occupations and activities to meet the needs of both companies and workers.
Hiring with a fixed-term contract takes place in accordance with the regulations in force.
Fixed-term contracts of employment concluded pursuant to Art. 19 of Italian Legislative Decree 81/2015 et seq. may have a duration of no more than 12 months without cause.
The contract may last longer, but in no case longer than 24 months, only if there is at least one of the reasons envisaged by law.
The contract may be freely extended during the first 12 months, and thereafter only in the presence of the reasons envisaged by law.
In light of the peculiarities of the sector, in compliance with the contents of Art. 19, paragraph 2, of Italian Legislative Decree 81/2015, the duration of fixed-term employment relationships between the same employer and the same worker as a result of a succession of contracts concluded for the performance of tasks of the same level and legal category and regardless of the break periods between one contract and the next is extended to 36 months.
With regard to the workers referred to in the preceding paragraph, the option of hiring on a fixed-term basis or of extension and/or renewal for a term exceeding 24 months may not be exercised by employers that at the time of hiring have not converted at least 20% of the workers whose fixed-term contract expired in the previous 12 months into a permanent employment relationship.
Pursuant to Article 19, paragraph 3, of Italian Legislative Decree no. 81/2015, in addition to the maximum period as defined above, the maximum duration of the further subsequent fixed-term contract is equal to a period not exceeding six months. The conclusion of this subsequent fixed-term contract shall take place on the premises of the Regional Labour Inspectorate and with the assistance of a trade union representative of the trade unions signing this CCNL the worker is affiliated with and/or mandated.
The parties agree that fixed-term contract workers may not exceed more than 25% of the annual average – referred to the calendar year preceding the hiring – of the number of permanent workers, with the decimal point rounded up if it is equal to or greater than 0.5. For employers with a maximum of five employees, it is always possible to conclude a fixed-term contract of employment.
For certain sectors with particular needs and in implementation of the legislative referral to collective bargaining envisaged in Article 19, paragraph 2, of Italian Legislative Decree no. 81/2015 to seasonal activities, as identified in this article and those envisaged in Italian Presidential Decree 1525/1963, the time and percentage limits referred to in the preceding paragraphs do not apply.
The seasonal nature of pest control and rodent control is recognised.
In cases as identified above, when a fixed-term employment relationship is established, “seasonality” will be specified in the individual contract as the reason for the fixed term.
The Parties agree that seasonality as defined in the preceding paragraphs is consistent with the legal requirements of Italian Legislative Decree 81/2015 for the application of specific regulations.
In application of Art. 23 of Italian Legislative Decree 81/2015 the above percentage limit does not apply to fixed-term contracts stipulated:
a) during the start-up phase of new businesses. The start-up phase of a new business is defined as a period of up to 6 months. Permanent workers from contract changes from other sites cannot be included in this rule. At the local level, fixed-term contracts may be agreed to with the trade unions that are signatories to this CCNL during the start-up phase of a new business exceeding this period;
b) for the performance of seasonal activities, as identified above, and activities as envisaged by Italian Presidential Decree 1525/1963;
c) for replacement of absent workers;
d) with workers over 50 years of age.
The Parties agree that workers who have worked in the performance of one or more fixed-term contracts with the same employer for a period of more than 12 months have the right of precedence for permanent hires by the employer in the 12 months following the expiry of such contract for the tasks already performed in the previous fixed-term relationships. This right, in addition to being referred to in the contract of employment, may be exercised on condition that the worker makes a written request to that effect within six months of the expiry of the contract. For workers hired on a fixed-term contract to carry out seasonal activities, the right of precedence may be exercised provided the worker makes a written request to that effect within 3 months of the expiry of the contract.
Pursuant to Article 24, paragraph 1, of Italian Legislative Decree no. 81/2015, the Parties establish that where possible the right of precedence will be applied within the worksite where such person worked before.
The parties intend to govern the cases for which the time intervals do not apply in the event of re-hiring with a fixed-term contract of the same worker pursuant to Article 21 of Italian Legislative Decree no. 81/2015. The terms of interruption envisaged by law do not apply in the following cases:
a) the hiring of workers employed in the seasonal activities indicated in the preceding paragraphs;
b) replacement of absent workers, when the subsequent hiring is for the replacement of other workers;
c) hiring of workers laid off at another company;
d) hiring of recipients of unemployment benefits;
e) hiring of unemployed workers over 50 years of age.
The hiring of fixed-term workers to replace workers on maternity or parental leave pursuant to Italian Legislative Decree no. 151 of 26 March 2001 may also take place up to three months in advance of the start of the period of abstention, as envisaged in Article 4, second paragraph, of the aforementioned Italian Legislative Decree no. 151/2001.
Fixed-term employment may also be brought forward by up to three months in cases of planned absences from work in order to ensure that the worker who is to be absent can work side by side with their replacement (shadowing). For levels 5-6-7, the shadowing can be extended for up to six months.
The duration of the trial period may not exceed the limits laid down for employment on a permanent basis. In the event of fixed-term employment for the same tasks, there is no new trial period.
In the event of illness and non-occupational injury, job preservation for workers absent under a fixed-term contract is limited to a maximum period equal to one third of the duration of the initial contract, does not extend beyond the expiry of the term affixed to the contract, and in any case may not exceed the duration envisaged for permanent workers.
At the request of the competent trade unions or the company union representatives/unitary union representative bodies, each year the company will provide these with information on the number, types of activities, geographical location and professional profiles of the fixed-term contracts entered into, information that is useful for monitoring and comparison that can define tools and procedures for a system of progressive stabilisation of fixed-term contracts.
Hiring under a fixed-term contract is governed by the provisions of this article, in accordance with the regulations in force, and is done according to the same regulations as for hiring on a permanent basis, including the economic treatments envisaged by regional and/or company bargaining.
For the purposes of Article 35 of Italian Law no. 300/1970 (field of application of trade union rights), workers with a fixed-term contract are counted where the contract lasts more than nine months.
For anything else not specifically covered, reference shall be made to the law
CLARIFICATION FOR THE RECORD
The parties mutually acknowledge that the reasons for a replacement that, pursuant to the law as well as this Article, allow employment under a fixed-term contract include but are not limited to the replacement of absent workers with the right to retain their jobs, workers on leave or leave of absence or absent for holidays.
This clarification, being interpretative in nature, does not affect the legitimacy of fixed term contracts that have already been signed.