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Contract types

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The Payroll Administration Unit takes care of all contract related issues for the Foundation's employees. It deals with the management of legal, financial. insurance and social security related aspects of employment and collaboration contracts.
Other tasks of our Unit include the preparation of pay slips, authorizations for external collaborations, human resources management of our subsudiaries and all procedures relating to civil servants for PAT employees working at FBK. 

Fondazione Bruno Kessler applies two main types of contract: employment and collaboration.

"Subordinate" Employment contracts

The types of employment contract (Ccpl Fondazioni, Provincial Collective Labor Agreement for Foundations)  provided for at Fondazione Bruno Kessler are as follows:

  • permanent employment contract

  • fixed-term employment contract

  • fixed-term  tenure track contract

Article 2094 of the Civil Code defines an employed worker as "... one who commits to cooperate with remuneration in the enterprise, offering their own mental and manual labor, employed by and under the direction of the entrepreneur."

The employment relationship is thus the legal situation in which a person, the employee puts their mental and physical energy at the disposal of another person, the employer, who arranges it according to the criteria most appropriate for his or her business, in exchange for a pay called compensation.

Essential and typical of this type of relationship, the employment (in Italian,  "subordination") is nothing but the bond of personal nature which subjects the employee to the executive power, control and discipline of the employer with a consequent limitation of his or her autonomy and integration in the business organization.

Definition of "directive", "control" and "disciplinary" powers:

  • "Directive" refers to the power of the employer to give instructions as to the manner of performance of the obligation in order to be able to organize the work of the employee in such manner as he or she  may think proper for his or her business.
  • "Control"  refers to the power of overseeing the work performed to ensure it is done according to his or her instructions.
  • "Disciplinary" refers to the power to impose disciplinary action if the employee contravene the directives issued.

Other elements are merely "subsidiary" in the sense that together define with greater certainty the employment relationship as subordinated where there is a relationship of subordination (essential) but that, considered by themselves, cannot be taken as an index of subordination. In detail:

  • the worker is not responsible for the organization of the business or its financial risks.
  • the worker observes an agreed schedule;
  • rcompensation is based on worked hours;
  • the relationship has continuity and duration;
  • the worker has to notify the employer of his or her absence;
  • attendance recording instruments are used
  • the worker uses vehicles, equipment, tools provided by the employer only.

Finally, attention should be paid to the "nomen juris" i.e. how the parties intended to define the employment relationship: the prevailing case law considers that Judges, called upon to assess the relationship, should make reference to the way in which in practice the work is performed. Consequently, the nomen juris is never decisive for the qualification of the relationship but, if anything, can be evaluated if contradictory elements arise or there are no indexes decisive in favor of autonomy nor subordination.

The worker does not bind to the achievement of a result (thus, he or she does not assume an "obligation of result", to which corresponds the right of the employer (attention, not obligation!) to organize such psycho-physical energy as she or she sees for his or her activity; in other words, if the employer does not "organize" the psycho-physical energies of the employee (for example, because he or she does not have work or is a bad entrepreneur) he or she is still obliged to the payment of wages.

 

"Semi-subordinate" work contract - Cocopro (Project-based coordinated collaboration contract)

"Semi-subordinated" work contract, between two parties - the "collaborator" (i.e. the worker) and the "contractor" (i.e. the employer) - is defined so because it has some characteristics of self-employment and others typical of employment. The collaborator, in fact, like a self-employed worker, undertakes to perform work or service for the benefit of the "customer", i.e. the emploter, without any relationship of subordination but, unlike self-employed workers, he or she receives benefits and rights of "subordinated" workers (such as, for example, family allowances, sickness benefit, maternity benefit, coverage in the event of an accident).


Elements typical of these contracts are::

  • absence of subordination of the worker to the  employer: this means that the worker is not subject to the provisions concerning the manner of work performance provided that the performance must be such that ensures the result stated in contract; 
  • obligation of result: this means that the person undertakes to guarantee a result, namely the execution of the work as agreed in the contract (obligation "of result");

  • the worker assumes the risks: this means that if the work is not carried out, or is carried out in a manner inconsistent with what was agreed in the contract, the relative economic risk falls on the worker  (not on the employer/customer, as is the case for "subordinated" employment);
  • the worker offers mainly his personal work activity: this means that his or her work, and his family members' work, prevail with respect to the organization of the enrterprise.