Staff Leasing – Outsourcing Labour with Permanent Contracts
Alma also offers “Staff leasing” services.
The 2010 Financial Budget (Law no. 191/2009) made it once more possible to make use of the outsourcing of labour with permanent employment contracts (originally introduced by the so-called “Biagi Law” in 2003 which was subsequently suppressed in 2007).
The particular characteristic of “staff leasing” is, substantially, that of permitting the use of stable non-employee workers on the part of a business.
Staff leasing makes it possible to manage requirements of flexibility in which the duration of the organisation’s need is uncertain and in which there is the wish, at the same time, to offer workers an opportunity to benefit from greater employment stability.
Through staff leasing, user companies can “outsource” a range of activities or functions for a potentially indefinite period and not limited as in the case of fixed-term outsourcing.
With Staff Leasing, the user company delegates to Alma the tasks related to the administrative management of the workers and maintains directional control over the daily operations of the workers.
The contractual tool of “staff leasing” represents an alternative to contract work: only with outsourcing can the business retain the power to organise and manage the staff sent by Alma, while in the case of contract work, organisation and management powers remain exclusively with the contractor.
Leg. Dec. no. 81/2015 cancelled sectorial limits; now a permanent outsourcing contract between the outsourcer and the user is possible in all sectors with the sole limit of 20% of the number of permanent workers in the user’s workforce. This limit can be departed from in the case of collective contracts applicable by the user; the legislation can be interpreted in the sense that the limit can also be departed from with a validly undersigned company agreement.
Outsourced workers under staff leasing must be (with the exception of replacement contexts) linked to Alma with a permanent employment contract.