Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in writing. Nevertheless, for companies with a complex organization, is enough to make reference to employees who are absent in a specific company function. The issue, object of a long interpretative conflict, concerns the modality through which the need to specify the reason of the fixed term contract when entered into for replacement reasons must be fulfilled. In particular, the key point concerns the obligation to specify the name of the replaced employee. if the replacement is referred not to a single person but to a specific productive function, the requirement of the specificity is to be considered satisfied not with the pointing of the name of the replaced employee, but with the check of the quantitative equivalence between the number of fixed term hiring and the number of absent employees.
