Indemnity protection for dismissal during an invalid probationary agreement
According to a recent decision of the Supreme Court (Cass. Sez. Lav., 14 July 2023, no. 20239), the termination ad nutum intimated in the absence of a valid probationary agreement is not radically null and void but falls within the hypothesis of dismissal intimated in the absence of just cause or justified objective or subjective reason, with application of the indemnity protection pursuant to Article 3(1) of Legislative Decree 23/15. The nullity of the clause of the probationary agreement, as partial, does not therefore extend to the entire contract but determines the establishment of the employment relationship without the probationary period, with application of the ordinary regime of individual dismissal.
The contribution of our Employment Law team
