Judgment No. 22869 of 2024: The Justifying Cause in Fixed-Term Employment Contracts

The recent order of the Court of Cassation, No. 22869 of August 16, 2024, offers significant insights into the regulation of fixed-term employment contracts, particularly regarding the necessity of a specific justifying cause. This topic is of great relevance to companies and workers, as a correct interpretation of the rules can significantly influence the legitimacy of hirings.

The Regulatory and Jurisprudential Context

According to Italian regulations, fixed-term employment contracts must be justified by specific company needs, such as "production peaks." However, the Court of Cassation has reiterated that, to satisfy the specificity requirement, the cause must be accompanied by concrete data demonstrating the actual need for temporary hiring.

Indication of the justifying cause - "Production peaks" - Sufficiency - Case law. In fixed-term employment contracts, the justifying cause that refers to "production peaks," i.e., an intensification of activity, satisfies the specificity requirement when it is accompanied by other data that allow the identification of the organizational reason and the verification of its effectiveness, as well as the causal link with the hiring. (In this case, the Supreme Court confirmed the appellate judgment which had ascertained the illegitimacy of two fixed-term employment contracts – one temporary agency contract for temporary work, the other a supply of labor contract, both extended and concerning the performance of mail carrier duties – noting that the user company Poste Italiane S.p.A. had not provided proof of either the actual existence of the justifying reasons legitimizing the use of said contracts, nor of the causal link between these justifying reasons and the employee's hiring).

Implications of the Judgment

The judgment in question established that the user company, in this case Poste Italiane S.p.A., did not provide sufficient evidence to justify the hiring of fixed-term workers. This implies that companies must be prepared to demonstrate not only the existence of production peaks but also the causal link between these reasons and the hiring itself. The lack of such evidence can lead to the illegitimacy of the contract and, consequently, to sanctions for the employer.

• Need for concrete data to demonstrate company needs.
• Risk of litigation for companies that do not adequately justify fixed-term hirings.
• Importance of correctly drafting temporary employment contracts.

Conclusions

In summary, Judgment No. 22869 of 2024 represents an important confirmation of the need for a well-defined justifying cause in fixed-term employment contracts. Companies must pay particular attention to the documentation and evidence to be provided to avoid legal issues. A diligent approach not only protects workers' rights but also shields companies from potential future litigation.