DLP Insights

The so-called “Code of contracts”, contained in Italian Legislative Decree no. 81 which became effective 25 June 2015, dedicates the entire 5th section to the outsourcing of work, which has been reinforced in a context of a complete revision of the previous laws as per the Biagi Decree (Legislative Decree 276/2003). With the specific reference to the outsourcing of short-term work, the delegated legislator, on one hand has confirmed the “acausal nature” of the same without time limits (unlike the 36 months established for a short-term contract) and at the same time has introduced new bans. With this Reform, the user no longer has the option to use this type of work or layoffs or redundancy benefits in the event of a company crisis, which were all allowed previously.

The enactment of the legislative decree on the subject of overhaul of contract types has resulted in the repeal of the provisions of articles 61 – 69 bis of Italian Legislative Decree 276/2003.

Some of the most important changes introduced by implementing decree no. 80 which became effective on 25 June 2015 and containing the measures for reconciliation between family needs and work, include the possibility of asking for parental leave to use up until the child is 12 years old, which is paid at 30% up to six years, and the possibility of using parental leave in hours, alternatively to part-time at 50%.

The implementing legislative decree of the Jobs Act on the overhaul of contract types is ready for publication in the Official Gazette.

The Legislative Decree on contracts passed by the Council of Ministers reforms article 2103 of the Civil Code including the possibility for employers to unilaterally change a worker’s job duties within the same level and contractual legal employment category. Thus it will no longer be necessary to perform an evaluation on the equivalence of the duties for the purpose of clarifying the legitimacy of ius variandi.