The Transparency Decree, implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union, introduces important change to employment regulation, such as, for example, the probationary period, which cannot be longer than six months, unless a shorter duration is provided by the collective bargaining agreements. In our legal system, the rule that defines the probationary period is Article 2096 of the Civil Code, while, its quantification is set forth by the collective agreement applied to the employment relationship. According to the provision of Civil Code, in fact, the determination of the duration of the trial agreement is left to the decision of the parties, although within the limits set by the collective agreement. The new regulations introduced by the Transparency Decree, Legislative Decree no. 104 of June 27, 2022, do not repeal or amend the Civil Code provision. The inclusion of the probationary period in the employment contract allows the parties to assess the mutual convenience of the stabilization of the employment relationship, in terms of labor, economic, nature compatibility. The probationary agreement must be drafted in writing and signed prior or at a time of the conclusion of the employment contract, under penalty of nullity. The pact must indicate the duties assigned to the employee, the role he or she will perform, and its duration. During the trial period, either party may, however, terminate the contract without notice. Expired the term of the probationary period, if none of the parties intents to withdraw from the relationship, the probationary period is automatically deemed as outdated and the contract continues on permanent basis and no other formalities are needed. The Transparency Decree expressly stipulates in the first paragraph of article 7that, where provided for, the probationary period may not exceed six months, unless a shorter duration is provided for in the provisions of collective agreements. The second paragraph of such article intervenes on the probationary agreement of the fixed-term contracts by stipulating that the probationary period must be determined in proportion to the duration of the contract and the tasks assigned to the probationary employee. Finally, the third paragraph of article 7 sets forth that in case of events that interrupt the relationship, such as, for example, illness, accident, compulsory maternity or paternity leave, the probationary period must be extended correspondingly to the duration of the absence. These are the main changes introduced by the new legislation, which, as anticipated, implements the European discipline, aimed at ensuring transparent and predictable working conditions for EU citizens.
2024 - Morri Rossetti
