Reading time 4m
Paragraph 1 of Article 17 of the d.l. 41/2021 made changes to Article 93 of L.D. 18/2020 by replacing the first paragraph and providing the following:
1. as a result of the epidemiological emergency from COVID - 19, notwithstanding Article 21 of the legislative decree no. 81 of June 15, 2015. and until December 31, 2021, subject to a maximum total duration of twenty-four months, it is possible to renew or extend fixed-term employment contracts for a maximum period of 12 months and for one time only, even in the absence of the conditions set forth in Article 19, Paragraph 1 of Legislative Decree No. 81 of June 15, 2015.
Paragraph 2 of Article 17 of Decree Law 41/2021 further specifies that:
The provisions of paragraph 1 shall take effect as of the entry into force of this Decree, and in their application Renewals and extensions that have already occurred are not taken into account. Therefore, until December 31, 2021, subject to the overall maximum duration of 24 months, employers may renew or extend fixed-term employment contracts for a maximum period of 12 months and for one time only, even in the absence of the reasons and without the obligation to comply with the stop & go rule between one contract and the next.
New extension or renewal without cause for fixed-term contracts/conditions
A choice that avoids the reinstatement of the ordinary rules, insofar as they make it necessary to indicate the reasons in fixed-term contracts that are renewed after expiration, or are extended for a period that results in exceeding the total duration beyond 12 months.
Thus, there are three conditions for qualifying for the relief:
- the renewal or extension shall not result in the maximum total duration of twenty-four months being exceeded when added with the periods of work already performed
- renewal or extension may be entered into for a maximum period of twelve months, subject to the limitation mentioned earlier
- the use of the subsidized acausal scheme is allowed for one time only.
With reference to the last condition, however, it should be pointed out, and it is of considerable importance, that the legislature has introduced a partial corrective to this constraint Than previously decreed, stipulating that renewals and extensions that have already taken place are not taken into account when applying the new acasual regime.
This provision is particularly useful at this time we are experiencing because it has the effect of resetting to zero for all employers any acasual extensions or renewals already enjoyed, thus putting everyone back in a position to access the simplified regime, even if it has already been enjoyed in past months.
Does the relief also apply to staffing contracts?
The answer is definitely yes.
Indeed, paragraph 2 of Article 34 of Legislative Decree 81/2015 states. in the case of fixed-term employment, the employment relationship between the administrator and the worker is subject to the rules set out in Chapter III, with the exclusion of the provisions of Articles 21(2) (interval), 23 (quota limit) and 24 (right of way).
The Ministry of Labor itself, on March 3, 2021, responding to a question from the Cassa per i servizi energetici e ambientali (CSEA), regarding the applicability or otherwise of Article 8, Paragraph 1 (a) of the d.l. 104 of august 14, 2020 to the administration, confirmed how the exemption is also applicable to fixed-term administration contracts, which, exceptionally, in view of the continuation of the emergency phase, may be renewed or extended beyond 12 months even in the absence of reasons, subject to compliance with the other limits provided by law.
This is for the purpose also, added the Entity, to avoid the use of income support tools that would instead be necessary to activate in favor of those terminated workers, for the period necessary for their re-employment in the labor market.