Tempo determinato nel nuovo CCNL (preavviso, diritti)

Art. 70 Fixed-term employment contract

Companies and Entities may enter into individual contracts for the hiring of personnel with a fixed-term employment contract

Fixed-term contracts have a maximum duration of thirty-six months and between one contract and the next there must be a gap of at least ten days from the expiry date of a contract lasting up to six months or at least twenty days from the expiry date of a contract lasting more than six months.

For healthcare personnel, the relevant maximum duration limit of fixed-term contracts, including any renewals, must be determined by each individual Company or Entity in consideration of the need to ensure the constant delivery of healthcare services and compliance with the essential levels of care and in accordance with the guidelines issued by the regions. However, even for such personnel, the exception to the maximum duration cannot exceed twelve months.

Art. 70 Fixed-term employment contract

Companies and Entities may enter into individual contracts for the hiring of personnel with a fixed-term employment contract

Fixed-term contracts have a maximum duration of thirty-six months and between one contract and the next there must be a gap of at least ten days from the expiry date of a contract lasting up to six months or at least twenty days from the expiry date of a contract lasting more than six months.

For healthcare personnel, the relevant maximum duration limit of fixed-term contracts, including any renewals, must be determined by each individual Company or Entity in consideration of the need to ensure the constant delivery of healthcare services and compliance with the essential levels of care and in accordance with the guidelines issued by the regions. However, even for such personnel, the exception to the maximum duration cannot exceed twelve months.

Personnel hired on a fixed-term basis are subject to the economic and regulatory treatment provided for permanent staff, compatible with the nature of the fixed-term contract, with the following clarifications:

- holidays accrue in proportion to the duration of the service provided, within the annual limit established for workers hired for the first time in the public administration. 

In the event that, taking into account the duration of previous permanent or fixed-term contracts already entered into, even with other administrations, even of a different sector, the worker has nevertheless provided service for more than three years, holidays accrue, in proportion to the service provided, within the annual limit of 28 or 32 days depending on the work schedule.

- in case of illness, the period of job retention is equal to the duration of the contract and in any case cannot exceed the maximum period set by art. 56 (Absences due to illness).

- unpaid leave may be granted for justified needs up to a maximum of 15 days in total and paid leave only in case of marriage

- in the case of a fixed-term employment relationship of not less than six months continuous, including any extensions, the following leave may be granted:

- paid leave for personal or family reasons, art. 51

- leave for exams or competitions or for optional professional development as per art. 50

- as regards the right to study, the provisions of art. 62, paragraph 2 (Right to study) remain unchanged

- leave referred to in art. 54 (Leave and absences for carrying out visits, therapies, specialist services or diagnostic tests)

- leave for bereavement as per art. 50 paragraph

- the maximum annual number of leave days, excluding bereavement, must be proportioned in relation to the duration of the fixed-term contract entered into during the year

- in the case of permanent employment in the Company or Entity or at other Companies or Entities of the NHS, the use of the paid leave provided must take into account the number of leave days already taken with fixed-term contracts, taken in the same calendar year.

The worker hired on a fixed-term basis, in relation to the expected duration of the employment relationship, may be subject to a probationary period not exceeding two weeks for contracts of up to six months and four weeks for those of longer duration.

At any time during the probationary period, either party may terminate the relationship without notice or compensation in lieu of notice.

Notice is set at one day for every 15-day period of contractually established work and, in any case, cannot exceed 30 days in cases where the duration exceeds one year.

In the event of resignation by the employee, the terms are halved, rounding up any fractions resulting from the calculation.

Companies and Entities ensure that workers hired with a fixed-term employment contract receive information and training interventions.

In the event of permanent employment, periods of work under a fixed-term contract already performed by the employee at the same Company or Entity, in the same role and classification area, contribute to determining the length of service that may be required for the application of certain contractual provisions