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I contratti a termine possono durare al massimo 24 mesi, due anni (e non più tre), con un tetto di quattro rinnovi (dai precedenti cinque), dopo i primi 12 mesi è comunque obbligatoria la causale (tranne che per alcuni settori specifici), c’è un periodo cuscinetto fino al 31 ottobre per adeguarsi alle nuove norme. Sono le regole fondamentali contenute nel Decreto Dignità di Riforma dei contratti a termine, che vanno a modificare il Dlgs 81/2015. Vediamo una breve guida.
Innanzitutto, cambiano la durata massima, il numero dei rinnovi possibili, e torna la causale. Il contratto a termine senza causale può durare al massimo 12 mesi, successivamente per rinnovarlo apponendo una nuova scadenza è necessario che ci sia una delle seguenti condizioni:
- esigenze temporanee e oggettive, estranee all’ordinaria attività,
- esigenze di sostituzione di altri lavoratori,
- esigenze connesse a incrementi temporanei, significativi e non programmabili, dell’attività ordinaria.
In tutti gli altri casi, dopo 12 mesi il rinnovo è a tempo indeterminato. Il contratto a termine di durata superiore a un anno senza causale è automaticamente trasformato in contratto a tempo indeterminato dopo i primi 12 mesi.Fanno eccezione le attività stagionali, per le quali la causale non è necessaria nemmeno dopo 12 mesi. In presenza di causale, invece, la durata massima può arrivare a 24 mesi, con un massimo di quattro rinnovi. Si tratta di una stretta rispetto alle regole precedenti, che consentivano il tempo determinato per tre anni, con cinque rinnovi, senza causale.
Attenzione: il termine deve risultare da atto scritto, altrimenti non ha efficacia. Il datore di lavoro deve consegnare al dipendente una copia del contratto entro cinque giorni dall’inizio della prestazione. Stesso discorso per la causale, che va specificata: l’unico caso in cui non è necessario farlo è una proroga che resta all’interno dei 12 mesi in cui è possibile stipulare il contratto a termine senza causale.
Le nuove regole si applicano a tutti i contratti stipulati dopo il 14 luglio, entrata in vigore del Decreto Dignità (dl 87/2018), oppure alle proroghe successive al 31 ottobre. Si tratta di una precisazione importante, perché esclude dall’obbligo di causale i rinnovi che cadono fra il 14 luglio e il 31 ottobre.
Esempio: contratto annuale firmato il 15 settembre 2017. Alla scadenza, il prossimo 15 settembre, sarà possibile il rinnovo senza causale, perché cade nel periodo cuscinetto. Se invece il contratto annuale è stato firmato il 5 novembre 2017, alla scadenza del novembre prossimo per il rinnovo a tempo determinato sarà necessaria la causale.
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