Fixed-term contracts: what do the construction national collective labor agreements provide?


Emma Potter

The legislation qualifies the permanent contract as the common form of relationship of subordinate work. Consequently, all other forms of work commitment, representing one exception to a permanent contract, can be used by the employer provided, however, that a series of requirements and limitations are respected, imposed by the law to limit the use of contracts classified as precarious.

The fixed term relationship belongs to this category, given that the legislation the appeal is contingent through:

  • limits on the overall duration of the contract;
  • maximum number of extensions;
  • conditions for using fixed-term contracts beyond twelve months’ duration;
  • maximum number of temporary employees present in the company.

SME Construction – Confimi

The CCNL Construction SMEs – Confimi of 28 October 2013 admits (article 96) the use of a fixed-term contract for reasons of a technical, productive, organizational or replacement nature, even if relating to the ordinary activity of the employer.

In any case it is the use of the fixed-term relationship is prohibited in the following hypotheses:

  • for the replacement of workers who exercise the right to strike;
  • at production units in which collective dismissals have taken place within the six months preceding which have affected workers assigned to the same tasks to which the fixed-term contract refers, unless the contract is concluded to provide for the replacement of absent workers, or concluded”pursuant to art. 8, paragraph 2, of law 23 July 1991, n. 223, or has an initial duration of no more than 3 months”;
  • at production units in which there is a suspension of relationships or a reduction in working hours, with the right to salary integration treatment, which affects workers assigned to the same tasks to which the fixed-term employment contract refers;
  • by entities that have not carried out a risk assessment.

Numerical limits
Without prejudice to what is regulated by law, the use of fixed-term contracts cannot exceed, as an annual average (to be calculated also considering fixed-term supply contracts) the 30% of permanent contracts in the company.

The calculation of the average occurs by assuming the annual average of workers in force in the previous calendar year.

In the case of multiple construction sites, the percentage mentioned cannot exceed, for each construction site, the 50% of permanent contracts.

SME Construction – Confapi

The provisions just described with regard to fixed-term contracts stipulated by companies that apply the SME Construction CCNL – Confimi also apply to the national collective labor agreement SME Construction – Confapi of 1 July 2008 (article 96).

Construction – Industry

The regulation of the fixed-term contract provided for by the SME Construction Ccnl – Confapi and Confimi however, it does not operate with regard to the Construction – Industry collective agreementdated April 19, 2010, article 93.

Numerical limits
The use of fixed-term contracts (as well as fixed-term administration contracts) cannot exceed, on average in the calendar year, 25% of permanent employment relationships (calculated as the average in the calendar year prior to hiring).

In any case, the possibility remains of resorting to at least seven fixed-term and/or temporary contracts, in any case not exceeding one third of the company’s permanent employment base, to be necessarily calculated at the end of the year. civil jurisdiction.

A fixed-term contract may be affixed to the fixed-term contract duration exceeding twelve months but not exceeding twenty-four monthsby construction companies that are in possession of the “requirements to access the benefits provided for by the art. 29 L. n. 341/95” (CCNL) for the following specific conditions, in addition to the provisions of the legislation:

  • start of a new construction site;
  • start of a specific, unplanned work phase during a construction job;
  • extension of the terms of a contract;
  • hiring of young people up to 29 years of age and people over 45 years of age;
  • hiring of redundant workers;
  • hiring of unemployed people and those who have been out of work for at least six months;
  • hiring of women, of any age, without regular paid employment for at least six months, residing in geographical areas where the female employment rate is at least 20% lower than the male one.

Extensions and renewals
For what concern recourse to extensions and renewals (fixed-term rehires) the CCNL refers to the law, represented by Legislative Decree number 81/2015, Chapter III.

Construction – Crafts

The Construction – Crafts collective agreement, signed on 23 July 2008, regulates the fixed-term relationship (atarticle 93) along the lines of the industrial sector just described.
An exception, however, concerns i numerical limitssince an average annual quantity of fixed-term contracts (and fixed-term contracts) is permitted not exceeding 30% of the permanent employment base.

Note that the average is computed “with reference to the annual average of workers in force in the previous calendar year” (article 93 CCNL).
In any case, for the businesses without employees and for those who employ up to three employeesit is still possible to activate a fixed-term employment relationship.

Construction – Cooperatives

Dated 24 June 2008, the CCNL Construction – Cooperatives regulates (in article 30-BIS) the use of fixed term relationship with the same provisions of the Construction – Industry contract.