INTERNATIONAL
Published in the Official Gazette, General Series No. 303 of December 28, 2024, Law No. 203 of December 17, 2024, entitled “Provisions on Labor Matters.”
Probation Period in Fixed-Term Contracts
One of the most important new developments concerns the length of the probation period in fixed-term contracts. A previous provision in Legislative Decree 104/22 (Article 7) had already touched on this issue, albeit weakly, stating:
“In fixed-term employment contracts, the probation period must be proportionate to the contract duration and the duties to be performed, considering the nature of the job. In the event of renewal of a contract for the same duties, a new probation period cannot be applied.”
That provision lacked concrete guidance regarding the duration of the probation period. With the final approval of the 2024 Labor Bill, this gap has been addressed. Article 13 of the new law establishes:
“Subject to more favorable terms under collective bargaining agreements, the probation period is set at one working day for every fifteen calendar days starting from the beginning of the employment relationship. In any case, the probation period cannot be shorter than two days or longer than fifteen days for contracts lasting no more than six months, and no longer than thirty days for those lasting more than six months and less than twelve months.”
This is a very significant change, as most collective agreements do not specifically regulate the probation period for fixed-term contracts.
From the law’s entry into force onward, any fixed-term employee subject to a longer probation period than the one prescribed, and who is dismissed for failing the probation, could challenge the termination in court.
Additionally, Article 7 of Legislative Decree 104/22 remains in effect, which provides that:
“In the event of events such as illness, injury, or mandatory maternity/paternity leave, the probation period is extended by the duration of the absence.”
Unjustified Absence, Dismissal, and NASPI (Unemployment Benefits)
After months of debate, the proposed law regarding unjustified worker absences has finally taken shape. To curb a common practice—where workers are absent without cause in order to be dismissed for just cause and thus become eligible for NASPI—the legislature has introduced a controversial new measure.
Article 19 of the 2024 Labor Bill states:
“In cases of unjustified absence by a worker lasting beyond the period specified in the applicable national collective labor agreement—or, if not specified, beyond fifteen days—the employer shall notify the local office of the National Labor Inspectorate, which may verify the validity of the claim. The employment relationship shall be considered terminated by the worker’s own will,”
without requiring formal resignation validation, which is normally needed.
It continues:
“These provisions do not apply if the worker can prove that they were unable to communicate the reason for the absence due to force majeure or employer-related reasons.”
In practical terms, if a worker disappears without explanation, the employer may choose—rather than initiating disciplinary proceedings and dismissal—to notify the Labor Inspectorate and treat the employment as terminated by resignation. This would prevent the worker from claiming NASPI.
However, it remains clear that the employer still has the option to proceed with a disciplinary dismissal for unjustified absence, in which case the worker would retain their usual eligibility for unemployment benefits.
Remote Settlements
Although remote settlements via video conferencing have become common practice, the 2024 Labor Bill formalizes this option. Article 20 provides:
“Settlement procedures in labor matters, as outlined in Articles 410, 411, and 412-ter of the Code of Civil Procedure, may be conducted via telematic means and audiovisual connections.”
In essence, even outside of emergency periods, employers and employees may finalize labor settlements without meeting in person.
Receiving Wage Support (Cassa Integrazione) While Working Another Job
Regarding work during periods of wage support (Cassa Integrazione), Article 6 of the 2024 Labor Bill states:
“A worker who engages in subordinate or self-employed work during a period of wage supplementation is not entitled to wage support for the days worked. The worker loses the right to wage support if they fail to notify the local office of the National Social Security Institute (INPS) in advance about the work activity referred to in paragraph 1.”
