On December 28, 2024, the so called “Collegato Lavoro” (Law No. 203/2024) was published in the Official Journal, which introduced numerous innovations in labor law effective from January 12, 2025.
LEGGI GLI ARTICOLI DI LDP PER RIMANERE AGGIORNATO SULLE ULTIME NOVITÀ
Below are the main points.
Staffing 
Article 10, first, excludes from the calculation of the quantitative limits related to the employment of fixed-term workers – currently equal to 30 percent of the number of permanent workers employed by the user as of January 1 of the year in which the respective contracts are stipulated – the following scenarios:
- workers hired by the staffing agency on a permanent basis;
- workers over 50, hired for the start of new activities, by innovative start-up companies, for the performance of seasonal activities, for specific programs and television or radio shows, for the replacement of absent workers.
Moreover, the provision in question has eliminated the requirement that, until June 30, 2025, the user may employ a worker even beyond the 24-month limit if the worker is hired by the staffing agency on a permanent basis.
Finally, the regulation introduces an exemption from the obligation to provide a reason for fixed-term labor contracts with unemployed individuals who have been receiving unemployment benefits or social safety nets for at least six months, as well as with disadvantaged or very disadvantaged workers.
Therefore, the aim of the regulation is to clarify, and at the same time limit, the scope of application of the staffing institution.
Seasonal activities in the ‘Collegato Lavoro’
Article 11 introduces a rule of authentic interpretation of Article 21, paragraph 2, of Legislative Decree No. 81/2015, specifying that, in addition to the seasonal activities identified by Presidential Decree No. 1525 of 1963 and by collective bargaining agreements, activities organized to address “intensifications” of work in certain periods of the year are also considered seasonal, as well as those related to technical-productive needs or linked to the seasonal cycles of the productive sectors or markets served by the company, according to the provisions of the collective agreements made by the comparatively more representative organizations.
Therefore, the regulation in question has expanded the scope of those norms that, to date, are applicable to activities classified as seasonal activities.
Trial period
Article 13 in the ‘Collegato Lavoro’ has also addressed the duration of the trial period, stating that, unless more favorable provisions are made by collective bargaining agreements, the duration of the trial period for fixed-term employment relationships is set at one day of actual performance for every fifteen calendar days starting from the date of the beginning of the employment relationship.
The regulation also states that, in any case, the duration of the probation period cannot be:
- less than two days nor more than fifteen days for contracts with a duration of up to six months,
- less than two days and more than thirty days for those with a duration exceeding six months and less than twelve months.
However, it is not easy to determine what the clause referring to “the more favorable provisions of collective bargaining remain unaffected” should refer to.
In fact, it is not straightforward to establish whether a longer probation period, which allows both parties to have a greater amount of time to assess the suitability of the employment relationship, should be considered more favorable, or a shorter probation period which, on one hand, allows the worker to be “confirmed” in a permanent position in a shorter timeframe, but on the other hand, limits the time in which they can demonstrate their professional skills.
Hybrid contract with mixed cause
Article 17 in the ‘”Collegato Lavoro’ provides for the introduction of a hybrid contract with mixed cause, allowing the hiring of a worker partly under a subordinate employment contract and partly as a self-employed individual with a VAT number, benefiting from the flat-rate regime for self-employed income.
This possibility is directed at companies employing more than 250 employees and allows professionals to work with part-time contracts as employees while simultaneously providing services as self-employed.
It is understood that, in any case, the service provided as a self-employed collaborator must have, in all respects, the concrete characteristics of this contractual type.
Furthermore, only through practical application will it be possible to verify whether the scope of application of this institution will be extended to companies with fewer than 250 employees.
Automatic resignation in the event of unjustified absence exceeding 15 days
Article 19 in the ‘Collegato Lavoro’ introduces the hypothesis of automatic resignation of the employee in the event of unjustified absence extending beyond the term provided for in the collective agreement or, in the absence of a contractual provision, for more than 15 days.
If such a situation occurs, the employer is required to report the absence to the relevant labor inspectorate, which reserves the right to verify the truthfulness of the report.
The burden lies with the employee proving the impossibility, due to force majeure or an event attributable to the employer, of communicating the reasons justifying the absence. In the absence of such reasons, the employment relationship is considered terminated at the employee’s will, and consequently, the employee will not be able to apply for unemployment benefits as the requirement of involuntary unemployment would no longer apply.
This regulation, therefore, aims to prevent a rather widespread practice whereby an employee, by unjustifiably being absent from work, seeks to obtain dismissal in order to receive unemployment benefits, to which they would not be entitled if they voluntarily resigned.