“Collegato Lavoro”: New provisions effective from January 12

On January 12, 2025, Law no. 203 of December 13, 2024, commonly referred to as “Collegato Lavoro,” came into effect. It was published in the Official Gazette on December 28, 2024. This long-awaited provision introduces several changes, particularly in the areas of: resignations “by conclusive actions,” probationary periods for fixed-term contracts, the calculation of agency workers, telematic conciliations, and “Mixed Contracts.” The National Labour Inspectorate (INL) outlined these updates in its note no. 9740, issued on December 30, 2024.

Provisions on terminating employment relationships

Article 19 of Law no. 203 amends and supplements Article 26 of Legislative Decree no. 151/2015 regarding “Voluntary resignations and consensual terminations.” The original provision had introduced telematic resignations to combat the practice of “blank resignations,” whereby employers had employees sign undated resignation letters at the time of hiring, allowing them to use these letters at their convenience to terminate the employment relationship.

While the law aimed to protect workers by requiring resignations to be submitted electronically, it did not address cases of abuse such as “unjustified absences,” where an employee is absent from work for an extended period without providing any justification or filing electronic resignation. Until now, employers faced the cumbersome process of initiating disciplinary proceedings and paying the termination contribution to INPS.

With the introduction of paragraph 7-bis to Article 26, the “Collegato Lavoro” now allows employers to report unjustified absences to the Territorial Labour Inspectorate (ITL) if the absence exceeds the limit set by the applicable collective bargaining agreement or, in the absence of such provisions, a period of 15 days. Once the ITL verifies the report, the employment relationship is automatically terminated due to the employee’s “de facto resignation.” However, this provision does not apply if the employee can prove that the absence was due to force majeure or the employer’s fault.

In practice, if the ITL confirms the de facto resignation, employers will no longer need to undergo disciplinary procedures or pay the termination contribution. However, the employee will not qualify for unemployment benefits (NASpI). Further clarification is required, particularly regarding how employers should report unjustified absences and how the ITL will carry out the checks provided for following the report.

Duration of probationary periods in fixed-term contracts

Another significant change introduced by the “Collegato Lavoro” concerns the duration of probationary periods in fixed-term employment contracts. Article 13 of Law no. 203/2024 amends Article 7, paragraph 2, of Legislative Decree no. 104/2022 (the so-called “Transparency Decree”). Previously, the determination of the probationary period was vaguely defined as being “proportional to the duration of the contract and the duties to be performed in relation to the nature of the job.”

This lack of objective criteria posed the risk of agreements for discretionary and disproportionate probationary periods (within the limits set by collective agreements) rendering the contract null and invalidating any termination without notice.

From January 12, 2025, with the enactment of the “Collegato Lavoro,” in the absence of explicit provisions in collective agreements, a “mathematical” formula can now be applied to determine probationary periods in fixed-term contracts: one day of actual work for every 15 calendar days from the start date of the employment relationship. This is subject to a minimum of 2 days and a maximum of 15 days for contracts shorter than 6 months and a maximum of 30 days for contracts lasting between 6 and 12 months.

Temporary Agency Work

In terms of temporary agency work, Article 10 of the “Collegato Lavoro” introduces two important changes to Legislative Decree no. 81/2015. It removes the 24-month overall limit for fixed-term assignments with a single user company in cases where the contract between the agency and the worker is open-ended. It also exempts certain categories of agency workers from the 30% cap on fixed-term and agency workers at user companies, as set out in Article 31, paragraph 2, of Legislative Decree no. 81/2015. Specifically, workers employed permanently by the agency and those assigned to meet specific needs, such as seasonal activities, specific productions, startups, replacement of absent employees, or individuals over the age of 50, are exempt.

In addition, for fixed-term contracts lasting more than 12 months, “a-causality” has been introduced for agency assignments involving unemployed individuals who have been receiving non-agricultural unemployment benefits or social safety nets for at least 6 months, as well as for workers classified as disadvantaged or severely disadvantaged.

Telematic Conciliations

For labor dispute resolutions, Article 20 of Law no. 203/2024 allows for telematic conciliations, enabling the procedures governed by Articles 410, 411, and 412-ter of the Code of Civil Procedure to be conducted through remote audiovisual connections. However, as noted by the INL in its note no. 9740, the implementation of this provision is contingent upon the issuance of a ministerial decree. This decree, to be issued within 12 months of the law’s entry into force, will establish the technical rules for adopting information and communication technologies.

Flat-rate taxation for mixed contracts

Lastly, the “Collegato Lavoro” introduces a new type of contractual arrangement called the “Mixed Contract.” This allows for an exception to the prohibition in Article 1, paragraph 57, letter d-bis, of Law no. 190/2014. Under this framework, a worker can be employed by the same employer as both an employee and a self-employed worker under the flat-rate tax regime.

This arrangement is permitted only for companies with more than 250 employees and must meet specific conditions, including: certification of the self-employment contract by one of the commissions referred to in Article 76 of Legislative Decree no. 276/2003; subordinate work must be part-time (between 40% and 50%); the two roles must be non-overlapping in terms of scope, methods, schedules, and workdays; the self-employed worker must have a professional address distinct from the employer’s.