Abercrombie & Fitch, assisted by Baker McKenzie, won an important case before the European Union Court of Justice brought by a young employee who had been hired with a job-on-call contract (lavoro intermittente) and was later terminated when he reached the age of 25 solely on the fact that he had reached the statutorily provided age limit for the use of this type of agreement.

The ECJ accepted the Abercrombie & Fitch and the Italian Government argument, confirming the legitimacy of the Italian law concerning a job-on-call contract, with specific reference to the arrangement that allows the hiring of individuals up to the age of 24 and provided that their working activity ends by the time they turn 25. The Court has also recognized the legitimacy of the consequent termination of employment at the abovementioned age limit, provided this does not result in discriminatory treatment of an employee. 

This important ruling finally ends a long-standing debate on the use and termination of this fundamental type of flexible working contract, which has caused great uncertainty among companies regarding its possible use over the years.  

Baker McKenzie assisted Abercrombie & Fitch with a team led by partner Massimiliano Biolchini and  with the assistance of counsel Gaetano Iorio Fiorelli and senior associate Edoardo Maria Ceracchi. 

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