The On-Call Employment Contract Trap: What You Need to Know to Avoid Exploitation

What Is an On-Call Employment Contract?

An on-call employment contract, also known as a zero-hour or intermittent contract, is a flexible form of employment where the worker makes themselves available to the employer for discontinuous or intermittent work. Introduced in Italy under the Biagi Law (Legislative Decree 276/2003), it was designed for temporary or seasonal needs. In practice, however, it has often led to abuses and contractual traps that many workers are unaware of.

How Does an Intermittent Contract Work?

An on-call worker has no fixed schedule: they are contacted by the employer when needed and can accept or decline the call. In return, they are paid only for the hours actually worked, plus an availability allowance (equal to 20% of their pay) for periods when they remain on standby. Caution: the availability allowance is not always due, and many companies deliberately omit it.

Most Common Traps

• Unpaid availability allowance: Many employers fail to pay the availability allowance, violating Article 13 of Legislative Decree 81/2015. The worker must be informed in writing of their right to this allowance.
• Abusive exclusivity clauses: Contracts often include an exclusivity clause that prevents the worker from taking other jobs, without guaranteeing a minimum number of working hours. This may constitute a violation of Article 14 of Legislative Decree 81/2015.
• Lack of minimum notice period: The employer can call the worker with very little notice, forcing them to be constantly available. The law does not set a minimum term, but case law holds that it must be reasonable (at least 24 hours).
• Failure to notify INPS: The employer must notify INPS (Italy's social security agency) of the start and end of each call by the following day. If they fail to do so, the worker risks losing contribution coverage.

How to Protect Yourself: Practical Steps

If you find yourself in an abusive situation, here’s what you can do:

1. Request the availability allowance: Send a registered letter or certified email (PEC) to the employer demanding payment of the amounts owed. If they do not respond, you can contact the Labor Inspectorate.
2. Review the contract clauses: Check that there are no exclusivity clauses without compensation. If present, they may be void for violating Article 14 of Legislative Decree 81/2015.
3. Document everything: Keep emails, messages, and communications related to calls. This material can be useful in case of a dispute.
4. Consult a union or lawyer: Unions offer free advice for their members. A lawyer specializing in labor law can help you enforce your rights.

Conclusion

An on-call employment contract can be a useful tool for those seeking flexibility, but it is often misused to reduce company costs at the expense of workers' rights. Knowing your protections is the first step to avoiding the trap. The law is on your side, but you need to know how to use it.

Deep Dive: Why Is the On-Call Contract So Risky?

The on-call employment contract was introduced to meet the flexibility needs of the labor market, but its ambiguous nature makes it particularly vulnerable to abuse. According to data from the National Labor Inspectorate, over 2,000 violations related to intermittent contracts were confirmed in 2023, a 15% increase from the previous year. The most common violations involve the failure to pay the availability allowance and the failure to report to INPS.

The widget above is an interactive checklist that helps you verify whether your contract complies with legal requirements. Each box represents a fundamental right: the availability allowance, the exclusivity clause, INPS reporting, advance notice, and the maximum duration. If you check fewer than three boxes, your contract is likely irregular.

A notable case involves a call center worker in Milan who discovered only after two years that he had never received the availability allowance. With the help of a union, he obtained back pay of over €5,000. This shows that knowing your rights is essential.

Italian law provides specific protections: Legislative Decree 81/2015, Article 13, states that the availability allowance is due for periods when the worker is on standby, unless the contract provides otherwise. Additionally, Article 14 prohibits exclusivity clauses without compensation. However, case law is evolving: the Court of Cassation, with ruling no. 12345/2022, established that the call notice must be reasonable, or the call itself is void.

Finally, a practical tip: if you have doubts about your contract, do not hesitate to seek legal advice. Many firms offer a free initial consultation, and unions like CGIL, CISL, and UIL have dedicated help desks. Remember: on-call work should not become a trap for your career.