Categories: Insights, Case Law

Tag: contrattazione collettiva, Patto di prova


2 Mar 2022

Probation clause: referring to collective bargaining is not enough

With its ruling no. 1099 of 14 January 2022, the Court of Cassation stated that specifying duties covered by the probation clause may refer to the collective agreement declarations if the reference is specific enough.

Facts of the case

The Supreme Court’s ruling stems from a Court of Appeal of Trento ruling, which upheld a court of first instance ruling upholding an appeal lodged by a worker to nullify a probation clause in her employment contract and consequent termination due to her failure to pass probation. The woman was hired as a “worker not involved in the production cycle” and classified as “level I 3” of the national collective labour agreement for the rubber and plastic sector.

According to the Court of Appeal, the reference to the NCLA did not give specific instructions on the duties assigned to the worker since the collective provision mentioned among the tasks attributable to that level “work similar to cleaning work” without further specification or example.

In the local Court’s opinion, a further element of uncertainty for the tasks required and on which the probation was based, was the clause attached to the individual contract according to which “tasks and objectives will be specified later and will be an integral part of the contract.” The Court of Appeal said that this clause was not, as the company argued, within the scope of the employer’s managerial power, which was based on assigning tasks.

The company appealed to the Court of Cassation against the Court of Appeal’s ruling.

The Supreme Court of Cassation’s ruling

The Court of Cassation stated that the probation clause reason must be identified in the protection of the common interest of the two employment relationship parties, “as it is intended to implement an experiment through which the employer and worker can verify the mutual convenience of the contract. The employer ascertains the worker’s capabilities, and the worker assesses the extent of the service required and the relationship conditions.”

This requirement to specify the duties covered by the probation clause is functional to the probationary period’s proper conduct and assessing its outcome. Therefore, it must be carried out based on the performance and assigned duties as identified in the contract.”

According to the Court, it is in theory possible to supplement the probation clause by referring to the NCLA qualification and classification level, but “the reference must be sufficiently specific and detailed. For example, if a category of a given level includes several profiles, the individual profile must be specified, while it would be generic to specify only the category.” In this case, the reference to the NCLA could not provide a specific description of the duties on which the woman’s probation should have been based. That is because the collective classification relating to the professional position in which she was classified mentioned that, in addition to cleaning, the tasks that she could be assigned included “similar” work.  In the Court’s view, this expression “indefinitely broadened the range of the tasks which may be assigned to the level in question.”

The Court of Cassation dismissed the company’s appeal and ordered it to reimburse the proceeding’s costs.

Other related insights:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…