How to avoid the transformation of limited time contracts into unlimited time contracts | Studio Legale Menichetti

Magazine

Ministry of Labour Circular 35/13, published on August 29, 2013, declared that it is also possible to extend acausal contracts (lasting up to 12 months) which were signed before June 28, 2013, the date upon which Law Decree 76/13 came into force.

Such extension can only take place once, and it is limited to professional activities for which the previous contract provided.

The total duration of the two acausal working relationships, however, cannot exceed 12 months.

If, however, the limited contracts refer to a specific job which is defined in the contract (for production, organization or substitution), then the maximum duration can be of three years.

In keeping with the amendments of the labour decree regarding limited contracts mentioned above, for the purpose of avoiding the transformation of limited contracts into unlimited ones, the employer has to adhere to the following conditions:

- between one limited contract and the other, there cannot be an interval which is shorter than 10 days, or of 20 days, according to the duration (up to six months or greater) of the preceding limited contract;

- the limited contracts cannot exceed the provided deadline by more than 30 days, or 50 days, according to the duration (up to six months or greater) of the preceding limited contract;

- one must not extend limited contracts which have already been extended in the past;

- the total duration of the individual limited contracts cannot exceed three years (or one year in the case of acausal working relationships).

Ruota il dispositivo!