DAL «JOBS ACT» AL «DECRETO DIGNITÀ»: OSSERVAZIONI CRITICHE SULLA PROROGA DEL CONTRATTO A TERMINE

The article analyses the extension of the term in the fixed-term contract in the framework of Legislative Decree n. 81/2015, both before and after the changes enacted by the l. n. 96/2018 (so-called Decreto Dignità, Dignity Decree). It lacks a specific rule concerning the form that the extension’s agreement has to have. Therefore, the author outlines the reasons why the written is required for the validity of such a deal. Moreover, this, especially in the cases where the term’s extension does not require a justification. That conclusion comes from a systematic interpretation of the rules established by the articles 21 ff., of the Legislative Decree no. 81/2015. Consequently, because the written-form is a measure to protect the weakest part against the risk of the abuse deriving from the repetition of the fixed-term contracts, it ought to be mandatory at least in compliance with the requirement of the effectiveness of the anti-abuse measures required by EU law.