The probationary period refers to a so-called ancillary clause that may or may not be included in the employment contract.

It is an element of mutual interest between the contracting parties since, on the one hand, the employer can assess the employee’s skills and professionalism and, on the other, the employee can assess the continuation of the established employment relationship.

The Law 203/2024, with its new labour provisions, has made significant changes to the regulation of this clause, intervening in an institution that has always been delicate and susceptible to litigation.

The new provisions enter into force on 12 January and establish clearer and more precise regulations, particularly regarding fixed-term contracts.

For the latter, in fact, the duration of the probationary period is now set at

one day of actual performance

for every 15 calendar days,

starting from the date of commencement of the relationship.

Minimum and maximum limits have also been introduced:

• Intra-monthly term: minimum 2 days maximum 15 days
• Term between 6 and 12 months: maximum 30 days
• Term beyond 12 months: proportional to the total duration respecting 1 day for every 15 calendar days.

These provisions apply unless more favourable provisions are laid down in collective agreements, be they national, territorial or company agreements.

Another significant aspect concerns the suspension of the probationary period. Events such as illness, accident or compulsory maternity or paternity leave led to an automatic extension of the probationary period, thus ensuring that the evaluation phase, which is the first approach for both parties, can be fully carried out.

The legislation confirms the impossibility of subjecting an employee to a new probationary period in the event of a contract renewal, according to a principle that protects the employee from abuse, ensuring consistency and continuity in the employment relationship.

These changes aim to ensure greater transparency and protection for both employers and employees, limiting the risk of litigation and enhancing legal certainty in labour relations. The regulation, however, leaves ample room for collective bargaining, which may establish even more favourable provisions for employees.

The firm is at your disposal for any needs on the subject.