In Circular 06/2025, the Ministry of Labour outlined the main regulatory changes introduced by Law no. 203 of 13 December 2024 (referred to as the “collegato lavoro” or “labour-related enabling law” in English), clarifying various doubts that had been raised by relevant parties. As such, it seems like a good opportunity to provide an overview.
a. Clarifications on seasonal employment
An interpretative provision (that also applies retroactively) has clarified the meaning and scope of Article 21, subsection 2 of Legislative Decree no. 81/2015, which regulates seasonal employment within the framework of fixed-term contracts.
In particular, Article 11 specifies that seasonal work includes not only the activities listed in Presidential Decree no. 1525/1963, but also:
- Activities organised to meet peaks in production during specific periods of the year,
- Work linked to technical or production-related needs, or to the seasonal cycles of the sectors or markets in which the company operates,
- Roles indicated in national, territorial or company-level collective agreements signed by the comparatively most representative trade unions, as per Article 51 of Legislative Decree no. 81/2015.
Importantly, seasonal work is a form of fixed-term employment, but it has its own distinctive features in that certain exceptions and greater flexibility are allowed in order to meet non-continuous production needs.
Accordingly, Article 11:
- Confirms and clarifies that collective agreements can identify seasonal activities beyond those historically listed,
- Provides greater flexibility in the use of seasonal contracts,
- Reinforces the role of collective bargaining,
- Ensures compliance with EU law by requiring concrete and objective justification for both the use and renewal of seasonal contracts.
b. Clarification on the length of the probation period for fixed-term contracts
The Ministry of Labour has issued further guidance on how the probation period should be calculated for fixed-term employment contracts.
The method remains the same regardless of the contract’s overall duration: the probation period is set at one day of actual work for every fifteen calendar days of the fixed-term contract.
This rule may be modified where collective agreements contain more favourable terms. The Ministry has made clear that terms are considered more favourable when they shorten the probation period compared to the statutory calculation.
The law also sets the following minimum and maximum limits for probation periods in fixed-term contracts:
- Minimum probation period: 2 days, regardless of contract length
- Contracts up to 6 months: maximum 15 days
- Contracts up to 12 months: maximum 30 days
- Contracts exceeding 12 months: may exceed 30 days
c. Deadline for mandatory notification regarding remote work (lavoro agile)
The labour-related enabling law establishes a five-day deadline for notifying the Ministry of Labour of the start and end of remote work arrangements.
This period does not commence from the date the agreement is signed, but from the actual start date of the remote working arrangement, which may be different.
Similarly, in cases of early termination, the notification must be submitted within five days of the new end date.
d. Provisions on termination of employment (implied resignation)
The labour-related enabling law has introduced a specific form of employment termination known as “implied resignation” (dimissioni per fatti concludenti).
In essence, if an employee is absent from work without justification for more than 15 days (or for a longer period, where set out in a collective agreement), the employment relationship is deemed to have ended at the employee’s initiative. In such cases, the employer must notify the National Labour Inspectorate, which is responsible for the necessary checks.
As this is treated as a resignation, the worker is not entitled to unemployment benefits (NASpI) and the employer is not required to pay the so-called dismissal contribution (ticket licenziamento), as confirmed by the Italian Social Security Institute (INPS) in Message no. 639 of 19 February 2025.
The aim of this provision is to prevent the improper use of unemployment benefits and to simplify and speed up how employment terminations are managed.
The Ministry of Labour has clarified that employers may only initiate the procedure after 15 consecutive calendar days of unjustified absence. From the sixteenth day, employers may formally terminate the employment and notify the Labour Inspectorate (as per the methods indicated in Note no. 579/2025).
In addition, the mandatory electronic notification (Unilav) of termination must be submitted within five days from that sixteenth day.
Nonetheless, collective agreements may establish a longer minimum period of absence (than the statutory 15 days) before the procedure for “implied resignation” can be initiated.
The employee in question may prevent the termination from taking effect by showing that a case of force majeure prevented him/her from communicating and justifying his/her absence, or that the absence was for reasons ascribable to the employer. In such a context, the Labour Inspectorate plays a key role in this process as it is responsible for verifying whether the absence was genuine, whether the employee actually had the chance to communicate the reason for the absence and whether force majeure or employer-related causes prevented communication. If the Inspectorate concludes that the employee was unable to make the necessary communication, it must inform both parties that the termination has no legal effect. However, it does not have the authority to directly reinstate the contract, which remains the prerogative of the parties involved.
It is important to note that this procedure does not apply to certain categories of workers, including those on maternity or paternity leave, employees who resign within three years of the birth of a child and those who have signed mutual termination agreements or ratified their resignation before a so-called conciliation committee.
