Wednesday, March 21, 2018

        English Italiano Français

Legal facts

Staff leasing and outsourcing contracts were introduced in the Italian legal system by the Legislative Decree no. 276 – September 2003, enacting the proxy law on labour market no. 30 of 14th February 2003 (Biagi Law) and taking up some principles contained in the “Treu package” on fixed-term contracts (Law  n. 196/97).

Under a staff leasing contract, a company (so called “user”) can lease the workers they need for technical, productive or organizational reasons, that might also concern the company’s core activities, from an agency recognized by the Ministry of Labour and Social Policies (employment agency).

The worker is hired by Realjob spa that handles all administrative and legal aspects of his/her contract, such as presence and absence management, payroll activities as well as dealing with competent authorities.

The workers on staff leasing contracts enjoy the same rights as do the employees of the user company with same contract levels, and they receive the same pay.  Fixed term contracts are regulated by The Legislative Decree n.368 of 6th September 2001, as regards its applicable clauses.  

Fixed term contracts can be renewed by means of a written agreement, provided that the workers gives his/her consent, for the duration and on conditions set by the relevant national labour agreement.

On July 24th 2008, the Italian Employment Agency Association, Assolavoro and more recently on January 26th 2012 the newly established Employment Agency Organizations ASSOSOM, together with the Trade Unions ALAICISL, NIDL GGL, UIL COP have signed the revised edition of the National Collective Agreement for temporary workers, that uniformly regulates employment relations between both temporary and permanent workers and employment agencies nationwide, in accordance with the Legislative Decree no. 276/2003.