Decision of the Court of Cassation, Labour Section, No. 17867 of 9 September 2016

The Court of Cassation ruled on a fixed-term employment of a disabled worker pursuant to Article 11 of law No. 68/1999. The Court held that the employment contract must state the reasons justifying the use of fixed-term employment, as provided for in Article 11 of the legislative decree No. 18/2009. According to the Court of Cassation, this solution is the only one consistent with international law, in particular with the United Nations Convention on the Rights of Persons with Disabilities (ratified by Italy with law No. 18/2009), whose Article 5 prohibits all discrimination, and with the EU law (Anti-Discrimination Directive 78/2000/EC and Article 21 of the EU Charter of Fundamental Rights).