Fixed term contracts and renewals
The fixed term contracts are conditioned by the provisions of Law 3986/2011, article 41, according to which are fixed the regulations for the workers with fixed term contracts.
According to the article 41, which modifies the article 3 of presidential decree 180/2004 and the article 5 of presidential decree 81/2003, the without restriction renewal of conventions of work of certain time are permissible, if it is justified by a objective reason, which should be entered expressly or result straightly from the written convention of renewal between the two parts (copy of which they take part also two) *, as:
the form or the type or the activity of employer or enterprise,
special reasons or needs, provided that this elements result immediately or indirectly from the familiar convention, as the provisional substitution of wage earner, the implementation of work of transitory character, the provisional accumulation of work,
the certain duration is found in connection with education or training,
it becomes aiming at the facilitation of passage of worker in relevant employment,
it becomes for the realisation of concrete work or program,
it is connected with concrete fact,
it is reported in the sector of enterprises of air transports and enterprises that practise activities of benefit of services of airport of ground and flight
The written type of above agreement is not essential, when the renewal of convention or relation of work has completely occasional character and does not have duration bigger the ten (10) weekday days.
Automatic transformation of open ended contract in certain
In the event that
does not aid objective reason and provided that the time duration of successive conventions or relations of work of certain time exceeds globally the three (3) years or
in time space the three (3) years the number of renewals exceeds the three (3),
presumed that with them is sought the cover constant and permanent needs of enterprise or exploitation consequently the transformation of these in conventions or relations of work of vague time.
The weight of counter-evidence in any case brings the employer.
Successive are considered the conventions or relations of work of certain time that are worked out between the same employer and the same worker, with the same or resembling terms of work and do not intervene from each other time space bigger the forty-five (45) days, in which are included also the not weekday days. With regard to group of enterprises, in the significance of term of “same employer” are included also the enterprises of group.
Reuptake of wage earner with fixed term contract after 45 days from then where expired previous, is considered new convention and no renewal and thus it is required publication of new card of work by the ORGANISATION FOR THE OCCUPATION OF THE WORK FORCE and re-entry of wage earner in the book of newly recruited ORGANISATION OF SOCIAL SECURITY.