How will you remember the so-called The “Relaunch” decree (art. 93, paragraph 1 of Legislative Decree no. 34/2020) had introduced the possibility for employers to extend/renew fixed-term contracts:
• without indication of the justifying reasons (temporary and objective needs, unrelated to ordinary activity, or needs to replace other workers, or needs connected to temporary, significant and non-programmable increases in ordinary activity);
• for a maximum period of 12 months and only once (regardless of whether it is an extension or renewal);
• without prejudice to the maximum overall duration of 24 months of the fixed-term relationships between the parties.
The aforementioned indications also apply in the event that any renewal/extension concerns temporary temporary employment contracts, without prejudice to compliance with other legal limits.
The exception to the ordinary regulations was first extended to 31 December 2020 by the so-called “August” Decree and, subsequently, until 31 March 2021 by the 2021 Budget Law.
With the imminence of this deadline, given the continuing state of crisis resulting from the epidemiological emergency and the need to encourage hiring for the next summer period, art. 17 of Legislative Decree n. 41/2021 established a further extension of this right until 31 December 2021, specifying that the new provisions are effective from the entry into force of the "Sostegni" Decree, therefore starting from 23 March 2021.
Unlike previous extension interventions, the Legislator, in paragraph 2 of the art. 17 of the decree, also specifies that, for the purposes of correct application of the measure, the renewals and extensions that have already occurred are not taken into account.