Thanks to Juri Stani Pascarella for collaborating on this article
Probationary Period in Italian Employment Law
Under the Italian employment system, the probationary period represents an initial phase of the employment relationship, during which both employer and employee evaluate the mutual suitability of the role and working conditions.
This period must be expressly agreed upon in writing, typically within the employment letter, and it is mandatorily compensated.
The maximum duration of the probationary period is regulated by national collective agreements and applicable legal provisions. During this time, either party may terminate the contract without prior notice; however, the employer remains obliged to pay the employee the remuneration and any additional entitlements accrued for the work performed.
Should the employment relationship continue beyond the probationary term without termination, the employee is deemed to be confirmed in the role automatically. Importantly, the duration of the probationary period contributes fully to the calculation of seniority and all related employment rights.
Legislative clarifications introduced by Circular No. 6 of March 27, 2025
Circular No. 6 of March 27, 2025, issued by the Italian Ministry of Labor, provides operational guidance on the amendments introduced by Article 13 of Law No. 203/2024 on maximum duration of probationary periods in fixed term contracts
Specifically, it integrates Article 7, paragraph 2 of Legislative Decree No. 104/2022, aligning national regulations with Directive (EU) 2019/1152 on transparent and predictable working conditions.
The new provision quantifies the probationary period for fixed-term contracts as follows.
↠ 1 day of actual work for every 15 calendar days of the contract’s duration, with a minimum of 2 days.
For contracts up to 6 months, the probation period cannot exceed 15 days, and for those exceeding 6 but not more than 12 months, the maximum is set at 30 days.
In cases of contracts exceeding 12 months, longer periods may be agreed upon based on the same proportional rule, unless more favorable terms are provided by collective agreements.
Importantly, these maximum thresholds are non-negotiable and cannot be worsened through collective bargaining.
This clarification ensures proportionality, transparency, and protection against unjustified extensions of the probationary regime in temporary employment, enhancing the legal certainty and predictability of such arrangements.
