The pronunciation of the European Court of Justice (Case 98/09) stresses that it must be considered legitimate the enacting provisions set out in Decree No. 368/2001.
According to the Community Courts, Italy has not violated the clause "non recourse" contained in Directive No. 1999/70/EC on fixed-term and should therefore be regarded as legitimate the forward contract entered into for reasons alternative that does not contain the name of the worker to replace . The Court concluded that the legislation does not violates the Clause 8 provided that these other guarantees and measures of protection or to cover a limited category of workers with temporary contracts. In this light, it should be noted that the Legislative Decree no. 368/2001 has effectively provided for preventive measures against the misuse of successive fixed-term employment contracts, prohibiting discrimination against workers with a temporary contract .
Rag. Eleonora De Biaggi - Employment Consultant
Econ-Test
