The employment contract is considered permanent, except in the cases provided for by law (Law 230 of 1962). Fixed-term contracts are permitted insofar as they are justified by reasons such as seasonal work, replacement of workers on sick or maternity leave and extraordinary and occasional work. Under Act No. 56 of 1987, collective agreements may allow for other cases of use of fixed-term contracts. Until recently, a violation of the legal requirements for fixed-term contracts resulted in employers generally being required to recruit the worker for an indefinite period. However, more recently, the 196 Act of 1997 (the „Fidelity Act“) has limited this sanction to persistent offences. If the employment lasts ten days beyond the expiry date, the employer is obliged to pay 20% more remuneration; an additional 40 per cent for 20 days beyond the end date; and only then must the contract be transformed into a contract of indefinite duration. A fixed-term contract is considered permanent even if the worker is rehired in less than ten or twenty days from the expiry (ten days for contracts of less than six months` duration; 20 days for contracts of six months` duration or more). The January 2014 agreement also states that, while the inter-trade agreement does not contain provisions authorising such changes, they may nevertheless be agreed at company level in the areas of performance, working time and work organisation, in order to `deal with crisis situations or significant investments that benefit the economic development or employment of the company`. (This was already in the 2011 agreement.) There is no mechanism to extend collective agreements to workers who are not directly covered by them. However, courts will often refer to the minimum wages set out in the relevant sectoral collective agreement when asked to assess whether the remuneration complies with the constitutional requirement that the remuneration be „appropriate to the quality and quantity of their work“.
Similarly, temporary workers are entitled to the same treatment as permanent workers classified at the same level under the national collective agreement in force. Dismissals on the basis of political opinion, trade union membership, gender, race, language or religious affiliation are null or void. In addition, members of workers` committees may not be dismissed or transferred for one year at the end of their duties on the committee without the authorization of the competent regional trade union organization (Article 3, Law 108; this Law also applies to directors and domestic workers). Dismissal for pregnancy, if the dismissal occurs between the conception and the end of the employee`s legal absence on leave or leave without pay until the child`s age of one year, is also expressly prohibited. It is also forbidden to dismiss for reasons of marriage. Protection against unfair dismissal of managers is governed by the legislation on collective agreements. Collective agreements have the right to regulate conditions so that they are entitled to „optional“ leave by the hour. Overtime is paid with additional pay, in accordance with the collective agreement. The collective agreement may provide that workers are to benefit from a compensatory rest period, alternately or in addition to such additional remuneration. However, pursuant to Article 2113 of the Italian Civil Code, this is not valid if the waiver concerns rights established by mandatory legal provisions (e.g. B the right to challenge the termination of the employment relationship) or by collective agreements or collective agreements, unless the agreement waiving these rights is concluded before certain bodies (trade unions, labour office or labour court).
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