In recent years, the world of work has undergone a series of transformations that have led to a redefinition of employment contracts. One of the most significant changes concerns the transformation of the fixed-term contract into an indefinite contract. The law provides for precise rules and requirements that must be respected in order to request this transformation. In this article, we’ll explore in detail what the law requires, the necessary requirements, how to request the transformation, and what happens if there is no transformation.
In addition, we will analyze the advantages and disadvantages of the permanent contract compared to the fixed-term contract
.
Table of Contents:
What does the law on the transformation of a fixed-term employment contract into an indefinite contract provide
The law provides for the possibility for the worker to request the transformation of their fixed-term contract into an indefinite contract if certain conditions are met. In particular, the transformation is expected in cases where the worker has carried out his work activity for a continuous period of at least three years with the same employer. In addition, the law states that the transformation must be requested within 30 days from the expiry of the fixed-term contract. However, it is important to emphasize that the request for transformation must be made in writing and sent to the employer by registered letter with return receipt. Only by complying with these rules will it be possible to request the transformation of the fixed-term contract into an indefinite
contract.
The requirements for the transformation of a fixed-term employment contract into a permanent contract
In order to request the transformation of the fixed-term employment contract into a permanent contract, the worker must meet certain requirements. First, as already mentioned, it is necessary that the worker has carried out his work activity for a continuous period of at least three years with the same employer. In addition, the worker must have carried out his work activity continuously and not discontinuously, that is, without interruptions exceeding 60 days. In addition, the worker must have complied with the clauses of the fixed-term contract and must not have received disciplinary sanctions during the work period. Finally, the employer must be able to guarantee the worker a continuous work activity even in the future
.
How to request the transformation of a fixed-term employment contract into a permanent contract
To request the transformation of the fixed-term employment contract into an indefinite contract, the worker must send his employer a registered letter with a return receipt containing the request for transformation. In this letter, the worker must specify the expiration date of the fixed-term contract and the desire to transform it into an indefinite contract. The request for transformation must be made in writing and must be sent to the employer within 30 days of the expiry of the fixed-term contract. If the employer fails to respond within 30 days of receiving the request, the fixed-term contract is automatically transformed into an indefinite contract
.
What happens if the fixed-term employment contract is not transformed into an indefinite contract
If the fixed-term employment contract is not transformed into an indefinite contract, the worker is entitled to an allowance equal to one month’s salary for each year of service performed with the same employer, with a minimum of two monthly payments and a maximum of twelve. The allowance must be paid by the employer within 10 days of the expiry of the fixed-term contract. However, it is important to underline that, if the employer proves that it does not have the conditions to guarantee continuous work activity in the future, it will not be required to pay the above allowance. In this case, the worker may apply to the labor court to obtain compensation for the
damages suffered.
Advantages and disadvantages of the permanent contract compared to the fixed-term contract
The permanent contract has some advantages over the fixed term contract. First, the worker has greater job stability, being protected by greater protection against dismissal. In addition, the permanent contract offers greater economic protection, such as the possibility of accessing loans and subsidized mortgages. However, the permanent contract also has disadvantages. In particular, the employer has less flexibility in managing personnel, since it is more difficult to fire an employee with an indefinite contract. In addition, the cost of labor is higher for the employer, as it must guarantee greater economic and social protection to the worker
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In conclusion, the transformation of a fixed-term employment contract into an indefinite contract is required by law and offers the worker greater job stability and economic protection. However, it is necessary to comply with certain requirements and proceed correctly with the request for transformation. It is also important to carefully evaluate the advantages and disadvantages of the permanent contract compared to the fixed-term contract before carrying out the transformation
.
