With circular message No. 6 of 27 March 2025, the Ministry of Labour and Social Policies clarified regarding the criteria for determining the probationary period applicable from 12 January 2025 to fixed-term employment contracts, in light of the provisions set out in art. 13 of Law No. 203/2024, which introduced significant changes by substantially amending art. 7(2) of Legislative Decree No. 104/2022.
More specifically, the aforementioned regulation determines that:
- ‘Without prejudice to more favourable provisions set out in collective bargaining agreements, the duration of the probationary period is established as one actual working day for every fifteen calendar days starting from the commencement date of the employment relationship’,
- ‘In any case, the duration of the probationary period may not be less than two days nor exceed fifteen days for employment relationships lasting no more than six months, and thirty days for those lasting more than six months and less than twelve months’.
Based on these criteria for determining the duration of the probationary period, in a fixed-term subordinate employment contract with a duration of nine months, the employer may provide — where the applicable NCBA contains no specific provisions on the matter — for the following probationary period duration:
- 18 days, where applying the arithmetic criteria described under 1) above,
- Up to 30 days, should they decide to apply the maximum allowed perioda s described under 2) above.
Although the apparent inconsistency between the aforementioned criteria for determining the duration of the probationary period is not resolved, the Ministry holds the view that a shorter probationary period is generally more favourable to the employee, given the precariousness it entails for the worker.
In the case of fixed-term employment contracts lasting more than twelve months, the probationary period is to be calculated by applying the arithmetical criterion set out in point 1) above — namely, one actual working day for every fifteen calendar days of the individual employment contract’s duration — even beyond the maximum limit of 30 days.
Lastly, the Ministry clarifies that the above-mentioned maximum limits on the duration of the probationary period may not be derogated by national collective bargaining agreements (NCBAs).
We remain available for any further clarification.