Changes to mixed-cause contracts, the furlough scheme and probationary periods

At a glance

• Mixed-cause employment contracts must be a part-time, permanent contract which is typically between 40-50% of full-time hours.
• Employees on a furlough scheme have the option to engage in work activities.
• The probationary period for fixed-term contracts has been redefined. 

On 13 December 2024, the Italian Parliament passed a new law that introduces significant changes to labour law. This law came into force on 28 December 2024.  

Mixed-cause employment relationships

The law introduces new rules for mixed-cause contracts, which allow an employee to be engaged under both an employment contract and as an independent contractor. 

However, there are strict rules as to when these contracts can arise. The employment contract must be a part-time, permanent contract which is typically between 40-50% of full-time hours. It is also only applicable to employers with 250 or more employees. Additionally, it is necessary to ensure that there is a separation between the two activities, both in terms of matter and working time. 

These relationships are mutually beneficial to both parties for tax and social security purposes. 

Furlough scheme 

Employees who are laid-off will now have the option to work as either an employee or be self-employed, provided that they notify the National Social Security Institute within a timely manner about the start of the new activity. During the period of carrying out such activity, the right to wage supplementation benefits is suspended for the days of work performed. 

Probation periods

The labour law redefines the probationary period for fixed-term contracts, establishing clear criteria for its duration.

The new rule states that, unless a collective bargaining agreement provides more favourable terms, the probationary period for fixed-term employment is set at one day of actual work for every fifteen calendar days from the start of the employment relationship.

Specifically:

• For contracts lasting up to six months, the probationary period must be between two and fifteen days.
• For contracts lasting more than six months but less than twelve months, the probationary period must be between two and thirty days.