Methods and Conditions for Fixed-Term Employment in the Domestic Sector
The regulatory framework for fixed-term employment in the domestic sector requires strict adherence to current regulations, ensuring that such contracts are formalized in writing. This documentation must explicitly include the valid reasons for temporary employment, clearly outlining the circumstances that justify this form of hiring. Where the employment relationship is defined as purely occasional and does not exceed twelve days, it is not necessary to formalize it in writing.
The extension of fixed-term contracts is only allowed under specific conditions, such as the initial duration being less than 24 months, and it can be extended up to four times, provided it is based on objective reasons and related to the same type of work for which the contract was originally stipulated. Once it exceeds 12 months in duration, the contract must explicitly indicate a reason.
The legitimate reasons for setting a term in contracts include needs such as the completion of specific services, the temporary replacement of absent staff for various reasons, or assistance to non-self-sufficient individuals. This flexibility is intended to cover the employer's temporary needs without neglecting worker protection. Additionally, employers may resort to temporary work placement to meet specific work requirements, always respecting the regulations governing these forms of employment in the domestic context.
Art.7 Fixed-term Employment
1. The hiring may be on a fixed-term basis, in compliance with the current legislation, mandatorily in written form, with the exchange between the parties of the relevant letter, in which the justifying cases must be specified.
2. The written form is not necessary when the duration of the employment relationship, purely occasional, does not exceed twelve calendar days.
3. The term of the fixed-term contract may be extended with the worker's consent only when the initial duration of the contract is less than 24 months. In these cases, up to four extensions can be carried out provided that it is requested for objective reasons and refers to the same work activity for which the fixed-term contract was stipulated; the total duration of the fixed-term relationship cannot, in any case, exceed 24 months, including any extensions. In fixed-term contracts lasting more than 12 months, it is necessary to include the reason.
4. By way of example, a term can be set for the duration of the employment contract in the following cases:
- for the execution of a defined or predetermined service in time, even if repetitive;
- to partially replace workers who have obtained the suspension of the relationship for family reasons, including the need to reach their family residing abroad;
- to replace sick, injured workers, those on maternity leave or enjoying rights established by the legal provisions for the protection of minors and disabled people, even beyond the mandatory period of job retention;
- to replace workers on vacation;
- for extra-home care of non-self-sufficient persons hospitalized in hospitals, nursing homes, health care residences, and retirement homes.
5. For the reasons justifying the fixed-term recruitment, employers may also resort to fixed-term temporary work placement.
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Frequently asked questions
A fixed-term employment contract in the domestic sector must be drafted in writing when the employment does not fall under the category of purely occasional work or when the duration of the employment exceeds twelve calendar days. Additionally, the contract letter must specify the reasons justifying the fixed-term nature of the contract.
The extension of a fixed-term contract in the domestic sector is only possible if the initial duration of the contract is less than 24 months and with the worker's consent. Up to four extensions can be made, provided they are justified by objective reasons related to the same work activity for which the contract was stipulated. The total duration of the employment relationship, including extensions, cannot exceed 24 months. For contracts lasting more than 12 months, it is also necessary to specify the reason.
Examples of reasons justifying fixed-term employment in the domestic sector include: performing a service that is defined or predetermined in time; partial or total replacement of workers absent due to family reasons, illness, injury, maternity, or other legal rights; replacement of workers on vacation; and extra home care for non-self-sufficient individuals hospitalized in healthcare facilities. Furthermore, hiring through temporary agency work is allowed for the same reasons.
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