![[Italy] Key employment law changes for 2025](http://gpa.net/cdn/shop/articles/bigstock-Interior-Of-Busy-Modern-Design-80305253_520x500_1f701129-a4f8-4b4a-a5c7-8f26af4ada5e_1200x.jpg?v=1737007374)
On January 12 in Italy, Law No. 203 of December 12, 2024 (the Law) came into force. The Law is intended to streamline and expedite several legislative and procedural requirements, focusing on increasing employment flexibility for companies and employees. A&O Shearman provides an overview of the changes it brings.
Temporary agency agreements
Workers hired by an agency for an open-ended period, seasonal workers, workers in start-up companies, workers replacing absent workers or workers over 50 have been confirmed to be excluded from the calculation of the quantitative limit on temporary agency work.
The Employment Bill reportedly repeals the provision that stipulated, in the case of a contract between a temporary employment agency and a worker under an open-ended arrangement, the limits of the total duration of a fixed-term assignment with the same employer be equal to 24 months.
Seasonal work
According to A&O Shearman, the Employment Bill also includes within the category of seasonal work - through an authoritative interpretation - such activities designed to cope with busy periods of work during certain times of the year, as well as technical-productive requirements or requirements linked to the seasonal cycles of production industries or markets of a business, following the provisions of collective labour agreements.
Unjustified absence
Among the primary features introduced by the Law is the termination of employment because of an unjustified employee absence. The new provision reportedly stipulates that the termination of employment due to an unjustified absence of the employee is attributable to the latter's intent (amounting to voluntary resignation), in cases where such absence lasts longer than the term provided for by the collective agreement applied to the employment relationship or, in the absence of contractual provision, a period exceeding 15 days.
In such cases, A&O Shearman states that the employer is required to notify the territorial headquarters of the National Labor Inspectorate. For such a resignation to be ineffective, employees must prove that they could not communicate the reasons for their absence due to a force majeure, or a fact attributable to the employer.
Probationary period
The Employment Bill establishes a new criterion for calculating probationary periods applied to fixed-term contracts. The probationary period will now equate to one day of actual performance for every 15 calendar days, starting from the date of commencement of such employment. In any event, the probationary period may not be less than two days or more than 15 days in the case of contracts of no more than six months and may not be less than two days or more than 30 days for contracts of more than six months and less than 12 months.
Smart-working
Employers are reportedly required to electronically notify the Ministry of Labor of smart-working arrangements and, within five days, any employees under smart-working arrangements, together with the start and end dates of such arrangements and/or any relevant changes to them.
Telematic conciliation procedure
According to A&O Shearman, the Law envisages the possibility of conducting labour conciliation proceedings (pursuant to art. 410, 411 and 412ter of Italian Civil Procedure Code) via audiovisual and telematic connections: a practice already used at many settlement venues and labour courts.
Source: A&O Shearman
On January 12 in Italy, Law No. 203 of December 12, 2024 (the Law) came into force. The Law is intended to streamline and expedite several legislative and procedural requirements, focusing on increasing employment flexibility for companies and employees. A&O Shearman provides an overview of the changes it brings.
Temporary agency agreements
Workers hired by an agency for an open-ended period, seasonal workers, workers in start-up companies, workers replacing absent workers or workers over 50 have been confirmed to be excluded from the calculation of the quantitative limit on temporary agency work.
The Employment Bill reportedly repeals the provision that stipulated, in the case of a contract between a temporary employment agency and a worker under an open-ended arrangement, the limits of the total duration of a fixed-term assignment with the same employer be equal to 24 months.
Seasonal work
According to A&O Shearman, the Employment Bill also includes within the category of seasonal work - through an authoritative interpretation - such activities designed to cope with busy periods of work during certain times of the year, as well as technical-productive requirements or requirements linked to the seasonal cycles of production industries or markets of a business, following the provisions of collective labour agreements.
Unjustified absence
Among the primary features introduced by the Law is the termination of employment because of an unjustified employee absence. The new provision reportedly stipulates that the termination of employment due to an unjustified absence of the employee is attributable to the latter's intent (amounting to voluntary resignation), in cases where such absence lasts longer than the term provided for by the collective agreement applied to the employment relationship or, in the absence of contractual provision, a period exceeding 15 days.
In such cases, A&O Shearman states that the employer is required to notify the territorial headquarters of the National Labor Inspectorate. For such a resignation to be ineffective, employees must prove that they could not communicate the reasons for their absence due to a force majeure, or a fact attributable to the employer.
Probationary period
The Employment Bill establishes a new criterion for calculating probationary periods applied to fixed-term contracts. The probationary period will now equate to one day of actual performance for every 15 calendar days, starting from the date of commencement of such employment. In any event, the probationary period may not be less than two days or more than 15 days in the case of contracts of no more than six months and may not be less than two days or more than 30 days for contracts of more than six months and less than 12 months.
Smart-working
Employers are reportedly required to electronically notify the Ministry of Labor of smart-working arrangements and, within five days, any employees under smart-working arrangements, together with the start and end dates of such arrangements and/or any relevant changes to them.
Telematic conciliation procedure
According to A&O Shearman, the Law envisages the possibility of conducting labour conciliation proceedings (pursuant to art. 410, 411 and 412ter of Italian Civil Procedure Code) via audiovisual and telematic connections: a practice already used at many settlement venues and labour courts.
Source: A&O Shearman