Can I be dismissed during the probation period?
Yes: during probation either party can withdraw freely. The probation period lets both employer and worker assess the relationship. It must be agreed in writing in the contract (otherwise it's invalid) and its duration is set by the collective agreement, within the legal maximums (generally no more than 6 months by law, a proportionate duration for fixed-term contracts). During probation, either party can withdraw freely, with no obligation of notice or compensation, and without giving a reason (provided the withdrawal isn't discriminatory or made before probation was actually possible). Once probation is passed without withdrawal, the hiring is consolidated and the normal dismissal protections apply.
📋 The rules
- Probation must be agreed in writing
- Duration set by the collective agreement, within legal limits
- During probation: free withdrawal for both parties
- No notice or compensation
- Probation passed: definitive hiring and full protections
🔓 Exceptions
- Discriminatory or retaliatory withdrawal during probation: still unlawful
- Fixed-term contracts: probation duration proportionate to the contract length
- Illness or injury in probation: the period can be suspended and extended
⚠️ Penalties & fines
Withdrawal during probation is free, but not unlimited: if discriminatory (for sex, religion, opinions, etc.) or retaliatory, it's void and the worker can challenge it. It's also unlawful to withdraw before probation has actually been tested (too short a time to assess). If the probation clause is invalid (no written form, generic or disproportionate), the relationship is treated as ordinary in full, with dismissal protections. For the worker, during probation NASpI generally isn't due if you resign, but is due if the employer withdraws (an involuntary termination). Keep the contract with the probation clause.
📎 Official sources
- Normattiva · Civil Code (probation period, art. 2096) →
- Ministry of Labour · Probation period and contracts →
- National Labour Inspectorate · Protections →
❓ Frequently asked
How long can probation last?
The duration is set by the applicable collective agreement, within the legal maximums (generally no more than 6 months). For fixed-term contracts the probation duration must be proportionate to the contract length. The probation clause must be agreed in writing.
Can I be dismissed during probation without a reason?
During probation withdrawal is free for both parties, with no notice or compensation and no obligation to give a reason. But discriminatory or retaliatory withdrawal remains unlawful, as does one made before probation could actually be tested.
Can I also leave during probation?
Yes. Free withdrawal during probation applies to both parties: the worker can also resign freely, with no notice or compensation. Note that by resigning you may not be entitled to NASpI, while you are if the employer withdraws.
What happens if I pass probation?
If the probation period ends without either party withdrawing, the hiring is consolidated and becomes definitive. From then the normal protections of the employment relationship apply, including against dismissal, which requires just cause or a justified reason.
Must the probation clause be in writing?
Yes. Probation is valid only if agreed in writing in the contract, stating the duties. If the written form is missing, or the clause is generic or disproportionate, it's void and the relationship is treated as ordinary from the start, with the worker's full protections.
🔎 Common searches
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