Categories: Insights, Do you know that · News

Tag: Dismissal, Licenziamento


29 Oct 2024

DID YOU KNOW THAT…The dismissal of an executive after a probationary period of a few weeks has been declared lawful? 

In the absence of a provision on the minimum duration of the contractual probationary period, the employer is entitled to dismiss an executive for failing to pass the probationary period even after only a few weeks, despite the fact that the parties had agreed on a duration of six months. This principle was established by the labor judge of the Court of Arezzo in his ruling of 7 October 2024.  

In the present case, an executive had been hired with an open-ended contract in order to manage a business area, with a probationary period of six months. However, after only seven weeks of work, the company dismissed him, claiming a lack of consistency between the manager’s professional qualities and the specific business needs.  

The executive challenged the lawfulness of the dismissal, arguing that the short duration of the probationary period was not sufficient for a proper evaluation of his skills. He also pointed out that, considering the time that had passed, it was not possible to make a full analysis of his abilities and of his potential contribution to the company. On the other hand, the company justified its decision by referring to the disagreements it had had with the sales manager and the manager’s commercial approach, which was considered to be “not very effective”. 

The judge found the company’s decision reasonable, stating that the time elapsed was sufficient to assess the manager’s professional qualities. Furthermore, the judge ruled that it was up to the executive to prove that the few weeks of work were not sufficient to consider the probationary period completed, stating that the burden of proving the inadequacy of the duration was on the employee.  

The decision under review highlights how the short duration of the probationary period does not, by itself, constitute a valid ground for challenging the lawfulness of the dismissal. Indeed, the employee must provide concrete evidence in support of his position, and the mere duration of the probationary period is not sufficient to prove the groundlessness of the dismissal.  

  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

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…