On July 14, 2018, the first decree of the Conte government officially entered into force, better known as the “Decree of Dignity” (Decree Law No. 87/2018), whose objective is essentially to combat the phenomenon of precariousness (Articles 1 to 4), intervening heavily on fixed-term contracts. To illustrate the salient points of this Reformation, is the lawyer. Sergio Cupellini, owner of the homonymous Law Firm of Rome.
What are the main changes introduced by the Decree of Dignity?
The new regulatory framework, in art. 19, provides that the duration of the first fixed-term contract cannot exceed 12 months where the reason why a deadline has been applied (the causal decree) is not indicated. If, instead, this reason is included in the contract, the maximum duration is 24 months. In this regard, the Decree admits, without a doubt, two types of causal factors: temporary and objective needs, not related to ordinary activities or to replace other workers; requirements relating to temporary, significant and non-programmable increases in ordinary activities. In case of stipulation of a contract over 12 months in the absence of one of the justifying reasons strictly required by paragraph 1 of art. 19, the contract is transformed indefinitely from the date of the overrun.
In light of these technical data, how important is it to turn to an expert labor lawyer?
It is very important both in the genetic phase, to assess the existence of the conditions established by law and in the pathological phase to better manage any judicial controversy inherent in labour relations.
For more info: www.studiolegalecupellini.it info@studiolegalecupellini.it
