Bringing talent into an organization is an opportunity to augment an organization and leverage an edge in the competitive Italian economic landscape. Sourcing leading talent and ensuring they are right for a company, though, is another issue entirely.

Italy is filled with highly educated personnel across every sector, providing a golden opportunity to succeed in this high-value market. Ensuring that an employee is an ideal fit means taking advantage of a probation period, allowing both sides to assess each other.

This article will cover how probation periods work throughout Italy and the rights of businesses and workers during this trial phase.

Definition of a Probation Period in Italy

Probation periods in Italy are known as “patto di prova” and offer a formal trial phase for employers to evaluate a new hire’s capabilities. It also provides employees with the chance to assess whether a particular role is right for them.

Probationary periods are governed formally under Article 2096 of the Civil Code. The law states that these periods only become valid when they are agreed in writing. Without a probation clause in the employment contract, it’s considered void, and the employee is considered to be permanent from the moment they start working.

Strictly speaking, Italy doesn’t set a maximum cap on probation periods. Instead, it’s regulated via collective bargaining agreements (CCNLs). However, the interpretation of public policy implicitly implies that managerial employees have a six-month probation period, whereas non-managerial employees have three months. 

Probationary employees are automatically converted to permanent ones if the probation period concludes without termination. Companies don’t have to take any action to conclude a probation period.

Lengths of Probationary Periods in Italy

The length of a “patto di prova” is governed by Article 2096 of the Civil Code, but also by Article 10 of Law 604/1966. These are the foundations of how probation is conducted in Italy, but the industry-specific issues are handled via CCNLs, so there may be some quirks within different industries.

Technically speaking, the probationary period will depend on the role in question. Non-managerial employees, or “impiegati senza funzioni direttive”, have a standard cap of three months, which is supported under the Royal Decree Law 1825/1924. Managerial or specific, highly qualified roles allow for probation periods to be extended for up to six months.

Permanent or Indefinite Contracts

Most probation periods are applied to permanent contracts. Within indefinite-term employment, the probation period allows employers and employees to terminate the existing relationship without providing notice or a severance package. 

If an employee continues in their role beyond the three-month or six-month probation period outlined in their contract, the law recognizes them as a permanent employee. This applies regardless of whether the company intended to proceed further with the employee or not, so organizations must be aware of the dates of employment.

Fixed-Term or Definite Contracts

Italian law allows for probation periods to be applied to fixed-term contracts, such as those used for project-based or seasonal work. Most recently, the regulations on trial periods in this context have been updated under the 2025 Labour Connector Law (Law 203/2024).

In short, the maximum probation period is determined by the length of the contract. Currently, the maximum probation periods are thus:

Length of EmploymentProbation Period
Less than 6 monthsMinimum 2 days, maximum 15 days
6 to 12 monthsUp to 30 days
Over 12 months1 day of probation per 15 days of employment (subject to collective agreement caps)

Note that these new rules replace existing CCNL clauses, meaning that this law has voided any previous collective bargaining agreements.

Legal Considerations of Probation Periods in Italy

Article 2096 of the Civil Code and guidance from CCNLs, and precedent from the Italian labor courts come together to define the regulations and how they’re implemented to support workers and prevent exploitation.

Companies are expected to act in good faith when utilizing probationary periods. The standard advice is that the relationship must be based on mutual evaluation, rather than using trial periods for arbitrary termination.

Pay and Working Conditions

All Italian probationary workers receive the same rights and legal protections as permanent employees. This applies to issues like base pay, pension contributions, and overtime regulations. It is illegal to pay a probationary employee less than permanent employees for reasons of probation alone. 

The national minimum wage in Italy does not exist in law. Instead, the minimum wage is agreed through collective bargaining agreements, and it’s based on the sector and specific roles. For all intents and purposes, the minimum wage ranges between € 7 and € 9 per hour.

The standard working week for a full-time worker in Italy is 40 hours per week, or eight hours per day. Workers working shifts of more than six hours are entitled to breaks, per European Union (EU) directives. Probation does not alter this right.

In terms of overtime and night work premiums, these must also be paid. How much these rates are depends on the industry’s respective CCNL. Typically, overtime is paid at 25-50% above the base rate, with similar rules for overtime and public holiday pay.

Regarding pension contributions, how much employers must contribute depends on various factors, such as the sector, company size, and number of employees. Frequently, this means that employers must pay around a third of an employee’s salary each year toward the Italian social security system.

Termination and Notice

The law doesn’t require any notice or severance to be paid should either party decide to terminate the relationship. In practice, non-managerial staff don’t provide any form of notice if they wish to leave. In contrast, managerial staff usually offer a short notice period of between seven and 15 days, per CCNLs. 

Employers seeking to terminate a probationary worker in Italy must demonstrate that there is some objective justification for not continuing with the relationship. Generally, companies must prove that termination wasn’t due to an arbitrary or discriminatory reason, and Italian courts have invalidated dismissals in the past.

Vacation / Holidays

All employees working through a probation period receive the same public holiday entitlements and annual leave accrual as anyone else. 

The EU’s Working Time Directive has been implemented within Italian law, and this gives all full-time employees the right to a minimum of four weeks per year in annual leave.

Italy has 12 public holidays, including Epiphany, Italy Liberation Day, and Labour Day. All employees are entitled to receive normal holiday pay regardless of whether they are on probation. Additionally, many regions and cities have one holiday a year dedicated to their relevant patron saint’s feast.

Benefits of Probation Periods in Italy

Probationary periods offer benefits for employers and employees, allowing each side to test out the relationship before proceeding with a permanent contract of employment. These benefits include:

  • For Employees

Employees receive a defined time-limited pathway where they get to experience their new role before committing to a long-term relationship.

Employees are entitled to resign if the role is not suitable for them with ease.

Employees get all the same benefits on probation as permanent employees, including the minimum wage for their sector, holiday time, and pension contributions.

  • For Employers

Employers can hire new talent and assess their abilities, including how they fit into their workplace culture.

Employers may terminate new employees if they discover the relationship isn’t working without providing notice or severance.

Employers are not required to take on the financial and legal risks of a new hire because there’s a firm legal framework that defines valid justifications for terminating a probationary hire.

Conclusion

The Italian labor force is highly skilled and educated, providing an ideal opportunity for companies to expand into one of the world’s largest economies. However, the lack of centralized regulation and the prominence of collective bargaining agreements create headaches for employers.

At Remote People, we support your drive into the Italian market by partnering with you to negotiate labor laws and manage your hiring and onboarding processes. Contact us to learn more about how we streamline the process of hiring Italian workers today.

Frequently Asked Questions

No, employers are not required to have a formal probationary period for new hires. If they choose to have one, it must be written into the employment contract itself, or the probation period won’t be recognized in law. Moreover, without a specific probationary clause, employees are classified as indefinite hires from their first day.

Italian probation periods are defined by collective bargaining agreements and the employee’s role. Managerial hires typically receive a six-month probation period, whereas non-managerial roles come with a three-month probationary period. Note that some CCNLs may provide exceptions to these rules.

Yes, employers have the flexibility to terminate employees at will for as long as the probation period lasts. However, arbitrary or discriminatory terminations can be challenged, and Italian labor courts have the power to reverse dismissals.

All probationary workers in Italy receive the same rights and legal protections as permanent staff. The only exception is that they can be terminated without notice and a severance package. No limits exist on compensation, annual leave, sick pay, and other entitlements, which begin accruing from the first day of probation.