European Employment Law Cases


2023/35 Supreme Court: Courts must judge about violations of ‘temporary’ agency work (IT)

Keywords Temporary Agency Work
Authors Ornella Patané
Author's information

Ornella Patané
Ornella Patané is a partner at Toffoletto De Luca Tamajo, Milan.
  • Abstract

      The Italian Supreme Court with a decision of 2023 confirmed that although in Italy there is no explicit provision on the temporary duration of temporary agency work, this does not preclude this requirement being considered implicit in temporary agency work, in accordance with the Directive 2008/104/EC. Therefore, it will be for the Court to establish, on a case-by-case basis, whether the reiteration of agency work assignments with the same user exceed the limit of a duration that can reasonably be regarded as temporary, in violation of the Italian law and EU rules.

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