• 1 Official Journal of the Italian Republic, 4 May 2023, no. 103.
• 2 Official Journal of the Italian Republic, 3 July 2023, no. 153.

2The Council of Ministers led by Prime Minister Giorgia Meloni, who won a majority in the general elections held on 25 September 2022, published Decree-Law no. 48 of 4 May 2023, with urgent measures for social inclusion and access to employment (the Labour Decree). The Decree came into force on 5 May 20231, and was converted with amendments by Law no. 85 of 3 July 20232.

• 4 M. Tiraboschi, « I contratti a termine tra intenzioni del legislatore e vincoli di sistema », Contr (...)

4This article focuses on a specific issue addressed by the « Labour Decree »: changes to fixed-term contracts. As noted in the literature, the issue of fixed-term contracts, perhaps more clearly than others, is one where the tension between the needs of companies and the expectations of workers comes to the fore. This tension has given rise to legal uncertainty (I), which has led to numerous disputes before the labour courts4, and which is partly at the root of the 2023 reform (II).

• 5 Confédération européenne des syndicats (CES), Union des confédérations de l’industrie et des employ (...)

5The fixed-term contract in Italy has been the legal institution that has undergone the most legislative changes over the last 20 years, in general with a change of the legal framework following each election. This was the case also after the victory of the center-right coalition led by Giorgia Meloni in 2022. In particular, since the national transposition of the Council Directive 1999/70/EC of 28 June 1999, concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP5, there have been major shifts in the legislative regulation of fixed-term contracts in the Italian legal system. The marked shift towards flexibility (2014-2015) was followed by a more restrictive phase (2018) and intermediate solutions through the promotion of collective bargaining, in some cases controversially (2011).

• 6 G. Falasca, « Contratti a termine, riforma n. 13 », Il Sole 24 Ore, May 2 2023.
• 7 Legislative Decree no. 368 of 2001.
• 8 Legislative Decree no. 276 of 2003.
• 9 Law no. 247 of 2007.
• 10 Decree Law no. 112 of 2008 converted into Law no. 133 of 2008.

6There have been thirteen relevant legal interventions in just over 20 years, on average more than one every 2 years6. A brief overview of the reform of fixed-term contracts since 2001 would need to start from the legislation transposing the EU Directive that introduced the causal system for fixed-term contracts7. The cause is understood as the legal reason for which a fixed-term contract is concluded. Subsequently, in 2003 the system of « causal clauses » was extended to temporary work contracts8. In the intervening years, which coincided with the economic and financial crisis that hit the eurozone, a principle was introduced whereby the employment relationship is normally open-ended9 and the justification for the fixed-term contract should be based on the employer’s day-to-day business10.

• 11 Decree Law no. 138 of 2011 converted into Law no. 148 of 2011.
• 12 Law no. 92 of 2012.

7An important milestone in the regulation of fixed-term contracts occurred in 201111: with legislative support for « proximity » or decentralized collective bargaining, it is possible to conclude specific agreements on fixed-term contracts derogating from the provisions of the law and national collective agreements. Another move towards the liberalisation of fixed-term contracts occurred with the labour market reform of 201212: for the first 12 months the employment contract it became not required to specify a reason for the fixed term, but, on the other hand, a contribution surcharge of 0,5 % was envisaged for fixed-term contracts.  

• 13 Legislative Decree no. 81 of 2015.
• 14 Decree Law no. 87 of 2018 converted into Law no. 96 of 2018.
• 15 Decree Law no. 73 of 2021 converted into Law no. 106 of 2021.

8In 2014 the labour reform that preceded the « Jobs Act » further extended the scope of the system allowing for fixed-term contracts with no specific reason for up to 36 months. This was confirmed by the Jobs Act reforming extensions, renewals and the setting of limits on the use of fixed-term contracts13. A significant reduction in flexibility in the use of fixed-term contracts occurred with the 2018 reform14: fixed-term contracts with no specific reason could only be concluded for the first 12 months. For renewals and extensions after 12 months, a more restrictive system was adopted. Subsequently, during the Covid-19 pandemic in 2021, the option was introduced for collective bargaining to define the reasons, thus favoring flexibility where negotiated by collective agreement15.

• 16 M. Tiraboschi, « I contratti a termine tra intenzioni del legislatore e vincoli di sistema », op. c (...)

12As a result, it is important to identify the economic sector in which the parties can enter into a fixed-term contract. It is necessary to distinguish sector by sector and case by case. Reference may be made to sectors where collective bargaining determines the terms and conditions of employment: in the construction industry and the construction trades, certain types of fixed-term contract are widely adopted. On the other hand, in the metalworking sector there is no collective clause, so the individual parties can proceed autonomously. As has been observed, the burden is on the employment specialist to verify, sector by sector, the regulatory and contractual framework of reference and to adopt the fixed-term contract for the correct purpose16. On the other hand, it is up to the social partners to clarify the collective rules, so as to offer the individual parties reasonable criteria for action to avoid the improper us of a type of contract that is constantly undergoing reform.