European Employment Law Cases

Article

2023/18 Even if not provided for by internal legislation temporariness is a mandatory requirement for the lawfulness of agency work in accordance with Directive 2008/104/EC (IT)

Keywords Temporary agency work
Authors Ornella Patané
DOI
Author's information

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

      The Italian Supreme Court has held in three different decisions of 2022 that, even if not provided for by Italian legislation, temporariness is a mandatory requirement for the lawfulness of agency work in accordance with Directive 2008/104/EC. Italian courts must therefore define, on a case-by-case basis, if the reiteration of agency work assignments at the same user undertaking can be considered in violation of the Italian legislation and the EU rules.

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