The signature HoReCa staffing tool (D.lgs 81/2015, artt. 13-18) — a written contract signed once, then triggered by individual calls; available without cause only to workers under 24 (until their 25th birthday) or over 55, or for "discontinuous" duties listed in R.D. 2657/1923 (waiters, cooks, hotel staff — nearly all HoReCa roles); the 400-worked-days-in-3- years cap that normally forces conversion to full-time does NOT apply to tourism, pubblici esercizi and spettacolo — but a written comunicazione preventiva to the ITL is mandatory before EVERY single call-up.
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
This template has no optional clauses: the text is the same for everyone.
Required fields not filled: 12. The PDF will have blank lines in their place to fill in by hand.
Click a field label in the text and type, or use the form. Empty fields become blank lines in the PDF.
ON-CALL EMPLOYMENT CONTRACT (CONTRATTO DI LAVORO INTERMITTENTE / A CHIAMATA)
Between: , the "Employer", and: (codice fiscale ), the "Employee". Contract date: .
1. LEGAL BASIS AND ELIGIBILITY 1.1. This is a contratto di lavoro intermittente under artt. 13-18 of D.lgs 81/2015 — a written contract allowing the Employer to call the Employee to work on a discontinuous or intermittent basis. 1.2. Eligibility for this contract (⚠️ without a cause, only ONE of the following applies): 1.3. Duties: . ⚠️ This is the flagship staffing tool of Italian HoReCa: bars and restaurants use it heavily for weekends and evenings.
2. DURATION AND PLACES OF WORK 2.1.
3. AVAILABILITY AND CALL-UP NOTICE 3.1. Availability and notice for each call-up: 3.2. Availability allowance (indennità di disponibilità), if the Employee commits to being available:
4. PAY 4.1. Economic treatment (trattamento economico) — must not be below the applicable CCNL minimum for equivalent non-intermittent work, on a pro-rata basis: 4.2. Applicable CCNL:
5. RECORDING OF WORK PERFORMED 5.1.
6. ⚠️ 400-DAY CAP — AND ITS HORECA EXEMPTION 6.1. As a general rule, 400 actual working days over 3 calendar years triggers automatic conversion to a full-time open-ended contract. Tourism, pubblici esercizi (bars/restaurants) and spettacolo are EXPRESSLY EXEMPT from this cap — confirm the Employer's sector qualifies before relying on this exemption.
7. ⚠️ MANDATORY COMUNICAZIONE PREVENTIVA BEFORE EVERY CALL-UP 7.1. 7.2. Before EACH individual call-up, the Employer must send a comunicazione preventiva to the Ispettorato Territoriale del Lavoro (via the UNI_Intermittente email/app/SMS channel). Missing this — even for an established on-call worker — is sanctioned €500-2,500 per worker per episode, and is the single most common ITL fine in bars and restaurants.
SIGNATURES Employer ______________ / on behalf of / Employee ______________ / /
This is a boilerplate template, not legal advice. Italian employment, food-safety, privacy and consumer-protection law (the applicable CCNL — e.g. CCNL Turismo-Pubblici Esercizi/Ristorazione e Turismo, FIPE-Confcommercio, renewed 05.06.2024, in force until 31.12.2027 — the Statuto dei Lavoratori L. 300/1970, D.lgs 81/2015, the "Decreto Trasparenza" D.lgs 104/2022 as softened by DL 48/2023, D.lgs 81/2008, Regulation (EC) No 852/2004, Regulation (EU) No 1169/2011, the GDPR/Codice Privacy D.lgs 196/2003, the TULPS R.D. 773/1931 and the Codice del Consumo D.lgs 206/2005) is highly procedural, tied to fixed statutory calendars (comunicazione preventiva before every call-up, contestazione disciplinare timing, UNILAV deadlines, Alloggiati Web transmission windows) and changes frequently, with CCNL pay tables and sanction thresholds re-indexed periodically, and with some institutions (e.g. affitto di poltrona/cabina) still governed only by circolari and regional/ municipal rules rather than a single national law. Have this document reviewed and adapted by an Italian employment/legal advisor (avvocato giuslavorista / consulente del lavoro) and verified against the applicable CCNL, regional rules and current thresholds before use.
Documents that are usually drawn up in the same process.
Checklist confirming the UNILAV notice was filed with the Centro per l'Impiego BEFORE the employee's first day (no later than 24:00 of the day preceding the start) — the single most heavily sanctione…
Mandatory written pre-employment information letter (D.lgs 152/1997 as amended by D.lgs 104/2022 "Decreto Trasparenza", softened by DL 48/2023 for items that may instead reference the applicable CCNL…
Mandatory for every employer with at least 1 employee (D.lgs 81/2008, artt. 17, 28-29) — a non-delegable duty of the employer; must be signed with a data certa and updated after process changes or in…
2 of 13 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.