Home » HR practices » Professional development » Legal developments » National legislation » Italy: according to a ruling by the Court of Cassation, collective bargaining cannot prohibit intermittent work Italy: according to a ruling by the Court of Cassation, collective bargaining cannot prohibit intermittent work Through . Published on 26 November 2019 à 14h18 - Update on 26 November 2019 à 14h18 Resources According to ruling 29423 of 13 November (here in Italian), a collective convention cannot prohibit a company using intermittent employment contracts. The judges explained that Law 2003, one article of which was called into question in the case in question has been included in the Jobs Act 2015 and it, ‘limits itself to delegating to the collective bargaining process the identification of ‘requirements’ for which an intermittent or casual work employment contract is allowed without explicitly recognizing the power for social partners to prohibit the ability to use this type of contract’. Thus social partners have no veto powers on the use or not, of temporary, sporadic, or intermittent work contracts by companies that are members of a national convention. Even if it is too soon to determine if this ruling will prove to be jurisprudence, the daily economic publication Il Sole 24 Ore from 21 November sees it a ‘seriously groundbreaking.’ According to the Court of Cassation’s interpretation, social partners cannot hinder the use of a flexibility mechanism as intended by legislation, which, the newspaper holds, could create problems for ‘trade union agreements that expressly prohibit recourse to specific employment contracts,’ as is the case for example with the logistics sector collective agreement, and the banking sector collective agreement that is currently under re-negotiation. Need more info ? Contact mind's on-demand study service Which service do you want to contact :WritingCommercial serviceTechnical SupportFirst name Last name Organization Function email* Object of the message Your messageRGPD J’accepte la politique de confidentialité.NameThis field is for validation purposes and should be left unchanged. Essentials Les dernières publications Supporting parenthood in the workplace: a win-win strategy Supporting employee carers: a CSR challenge Analyzes Les dernières publications Paternity leave: data observations from 41 countries EU: during H1 2022 five EU Member States have raised their minimum salary levels