Resignation
The unjustified absence of an employee for a period exceeding the one provided for by the labour collective agreement applicable to the employment or for more than 15 days entails the termination of the employment. The employer is only required to communicate the absence to the territorial Labour Inspectorate. Accordingly, the employment is deemed to have been terminated by the employee, who is therefore not entitled to unemployment benefit. This provision does not apply if the concerned employee can prove that, for reasons of force majeure or for reasons due to the employer, he/she cannot properly communicate the reasons justifying the absence.
Probation period
The term of the probation period for fixed-term employment agreement may not exceed one day of effective work every 15 calendar days from the date of commencement of the employment. In any case, the probationary period may not be less than 2 days and not more than 15 days for agreements of up to 6 months, and may not be less than 2 days and not more than 30 days for agreements of more than 6 months up to 12 months.
Staff leasing agreement
Individuals hired by the employment agency on an open-ended basis, as well as individuals hired for special needs, such as seasonal work, shows, start-up, replacement of absent workers, or workers who are over 50 years old, are not considered in the calculation basis of the limits for fixed-term employment contracts.
Seasonal work
Seasonal activities may also include those related to peaks in production activity, as well as those related to technical-production requirements or related to the seasonal cycles of the production sectors and markets the company is dealing with, pursuant to the provisions of collective labour agreements.
“Contratto misto”
Companies employing more than 250 employees may execute “hybrid” contracts with individuals, providing for their employment on a part time basis, and their engagement as self-employees. This two-status contract should allow these workers to benefit from the favourable tax regime Italian laws currently provide for autonomous workers.
Furlough and employment
Employees who are eligible for furlough indemnity may engage in employment, subject to the obligation to promptly communicate to the Italian Social Security the commencement of the new employment. Accordingly, the relevant employee will no longer be entitled to the furlough indemnity.
Annalisa Sassaro
Nunziante Magrone
