Temporary work (or job on call) is an employment contract whereby the worker makes himself available for non-continuous or temporary work, identified by national collective or territorial bargaining, or for pre-set periods during the week, month or year. Job on call includes the payment of an on call indemnity if the employee is required to work when the employer calls.
Age and days
As with the previous law (Italian Legislative Decree 276/2003), work performances of a temporary nature can be carried out based on needs established by national collective or territorial bargaining, or defined by ministerial decree, including in reference to the possibility of stipulating such contract in pre-set periods during the week, month or year. In terms of subjective requirements, the contract may only be stipulated with workers under 24 or over 55: in both cases, considering three calendar years, it is not possible to exceed 400 days of effective work for each worker with the same employer. The tourism, food and beverage and entertainment sectors are exceptions to this rule.
With reference to the case of unjustified refusal by the worker to respond to the employer’s call, this circumstance can still constitute a reason for dismissal and entail the return of the on call indemnity quota related to the period after the unjustified refusal, but does not refer (as included in the current law) also to a “compensation for damages” in the amount established in collective contracts or the employment contract.
Exclusions
The ban on using temporary work remains in force in three cases: first of all, to replace striking workers; secondly, in production units where layoff procedures, suspensions or reductions in working hours for workers with the same duties have been started in the previous 6 months; lastly, when the employer has failed to perform a risk assessment.
With reference to the second case, it should be noted that the ban is mandatory, while the corresponding current law permits trade union agreements to contain a different provision.
Moreover, there is a dual notification/information obligation: before the beginning of the job performance or of an integrated cycle of performances with a duration not exceeding 30 days, the employer must communicate the duration to the territorial employment office using electronic procedures, and, on an annual basis at least, the employer must inform the trade union representatives (Italian RSA and RSU) of the trend in using temporary work.
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