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20/02/2014

I recenti interventi legislativi sul contratto a termine. A forte rischio la tenuta eurounitaria del sistema interno

WP C.S.D.L.E. “Massimo D’Antona”.IT – 198/2014




The paper aims to analyze the most recent developments in legislation on fixed-term employment contracts, beginning with the interpretations of the Constitutional Court, to the more recent developments, updated February 13, 2014. 
The reconstruction is highly critical of the national legislature, deemed able to legislate only in an emergency situation, taking into account the interests of the Administration, not that of the individuals. 
The result is a sharp contrast not only with the Directive 1999/70/EC, but also with the principle of non-discrimination. The fixed-term employment contracts – that does non include the motive for the employment - as actually regulated in Italy, seems to allow both to circumvent any provision impediment and discriminate against workers at the lower technical level. 
The paper then examines the latest laws on the insecure work with italian public administration, for which Italy has abolished damnages, that could have had a very high annual cost, leaving only the possibility of recognition of fixed-term employment contracts as contracts of indefinite duration, reinforced by the institutionalization of the same channel of access for workers with both fixed-term and indefinite contract.
No reform against insecure-work has been provided for the public schools, for which the most important legislative intervention consists of a new enabling mechanism, probably lacking of sufficient legal support. 
Finally, some suggestions are made for a total rewrite of the rules and regulations, to simplify the system, providing the necessary flexibility in the public and private work, without circumventing the law: best flexibility is in the management and not in the access to employment.

author(s): Coppola, Paolo
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