The “Decreto Sostegni” brings to the end of the year the right to extend the fixed term contract even in the absence of the condition (DL 41/2021, art 17, which replaced paragraph 1 of art. 93 DL 34/2020).

It is therefore possible until December 31, 2021 to renew or extend for a maximum period of twelve months and only once – fixed-term employment contracts, even in the absence of the conditions set out in art.  19, paragraph 1, Legislative Decree 81/2015.

All this without prejudice to the maximum overall duration of twenty-four months. 

The epidemiological emergency from COVID-19 pushes the Legislator, through the favorable opinion of the Ministry of Labor, to allow a temporary derogation from the discipline of fixed-term contracts (pursuant to Article 21 of Legislative Decree 81/2015).

Please note that, in the absence of emergency legislation, the maximum duration of the term contract is set at twelve months and can be extended to twenty-four months only in the presence of at least one of the following conditions (19, paragraph 1, Legislative Decree 81/2015):

• temporary and objective needs, unrelated to ordinary activities;
• necessarily replacement of other workers;
• requirements related to temporary, significant and non-programmable increases in ordinary activity.

Definitely a (albeit meager) incentive not to interrupt the temporary contract.

But certainly not decisive in the medium to long term.

Allavelli Legal