Contacts

With order no. 21672 of 23 August, the Court of Cassation returned to rule on the affixing of the term to an employment contract for substitutive reasons of personnel absent due to illness, with specific reference to complex business realities (in this case, the principal Italian airline).
In this regard, art. 19 of Legislative Decree 81/2015 establishes, in paragraphs 1 and 1bis, that:
“A term of up to twelve months may be applied to the employment contract. The contract may have a longer duration, but in any case not exceeding twenty-four months, only if at least one of the following conditions is met:
a) temporary and objective needs, extraneous to ordinary activity, or replacement needs of other workers;
b) needs related to temporary, significant and non-programmable increases in ordinary activities.
In the event of the stipulation of a contract lasting more than twelve months in the absence of the conditions referred to in paragraph 1, the contract becomes permanent from the date on which the twelve-month period is exceeded”.
The Supreme Court upheld the first ground of appeal, in which the applicant company had censored the appeal sentence for having “considered that the employer had not fulfilled its evidentiary burden with respect to the actual existence of the replacement reasons indicated in the individual employment contract and the causal link between these reasons and the temporary employment of a worker&rdquo