In the italian legal system there isn’t a specific configuration of the outsourcing contract, but those cases are disciplinate like “atypical contracts”. The reason for this configuration is the young age of the outsourcing work in our county. Is necessary a long time to metabolize this working form for our employment system.

Since many years, Gruppo La Meridiana manages the staff outsourcing of the customers, dealing of all legal and bureaucratic aspects. From the selection of staff, to the management, passing by the hiring and the fiscal charges, the group takes the full responsibility of the outsourced staff.

Under the law, the outsourcing contract exist: it isn’t a specific contract form but it is a fusion of various typical contracts, that has the essential aspects of the differents contractual forms. However, in this way there are some problem for the legal regulation of the outsourcing work, that is the modern form of the “facility management”.

The italian outsourcing contract has various point of contact with the american sourcing contracts. But, if in the USA the work regulation has found the way to connote this type of working form, in Italy there is still open the debate for the outsourcing framing.

Nowadays, in Italy is common to use the absorption techniques, which allows to use the contractual form with the prevalent object.

The most use typical contact for configure the outsourcing cases are: the somministration service contract, the lease of thing and the tender contract.

The tender contract is the principal contractual form to create an outsourcing contract, because expected the “service contract with continuous supplies”. Unlike to the contract with provision of work, in this case there is the discipline of the resource management, that are at the bases to the subsistence of the outsource.

In fact, to validate an outsourcing contract, is necessary that the supplier takes the full responsibility of the management of the staff but also of the resources: without this, there isn’t the subsistence of the circumstance to connote the outsourced discipline in the Italian legal system.

There are also some links with the purchase agreement, where there is expected the cession of thing against payment. But in the outsourcing contract, in addition to the payment to have the object of the agreement, is necessary that the supplier has the competencies and the professionalism.

Other points of contacts there are with the somministration contract, because the outsourcing contract is based on the continuity in service provision, like in the cases of somministration.

The bases of the outsourcing contract are in the Biaggi’s Law, where is expected the possibility to outsourced entire business units if those are fully independent at the moment of the spin-off. It means that the business units must have an own identifiable function to validate the transfer.
Gruppo La Meridiana has matured a long experience in this sector and is able to satisfy all the necessity of the customer that wants to outsource one or more business units. With professionality are managed all the transfer passages and the subsequent steps of the work, optimizing the resources to ensuring to the customer a new fase of his company, much more profitable.