Dismissal During probationary period: No Forfeiture Deadline, the Five-Year Limitation Period Applies

With its important ruling no. 9282 of 2025, the Italian Court of Cassation has clarified a frequently debated issue: the applicability of forfeiture deadlines established by the legislation on individual dismissals (Law no. 604/1966, as amended by Law no. 183/2010) to employment relationships terminated during the probationary period.

In the specific case examined by the Supreme Court, an employee hired under a 60-day probationary agreement had legally contested his dismissal, which was due to failing to pass the probation. The worker had duly initiated the mandatory conciliation attempt, which, however, was not accepted by the employer. He later filed a legal complaint, but did so beyond the 60-day forfeiture period provided under Article 6 of Law 604/1966. Consequently, the Court of Appeal had declared the challenge inadmissible due to lateness.

The employee then brought the matter before the Court of Cassation, arguing that the ordinary forfeiture deadlines should not apply in his case, as the dismissal occurred during the probationary period and not after the employment relationship had been definitively confirmed.

The Court of Cassation accepted the employee’s argument, clarifying that the rules contained in Law 604/1966 regarding the deadlines for challenging individual dismissals apply only to definitive employment relationships, or in any case, those that have lasted more than six months. Dismissals occurring during the probationary period, on the other hand, are not subject to these strict time limits.

According to the Court, this exclusion arises from the specific purpose of the probationary period, which is to allow both parties (the employee and the employer) the flexibility to assess whether to confirm the employment relationship on a permanent basis. It is precisely this evaluative function that makes the rigid application of strict forfeiture deadlines incompatible with probationary employment.

As a result, dismissals issued during the probationary period are not subject to the 60-day forfeiture deadline provided by Article 6 of Law 604/1966, but rather to the broader five-year ordinary statute of limitations. This provides greater legal protection for the worker, avoiding the automated and rigid application of rules designed for fully established employment relationships.

The Supreme Court therefore overturned the appealed ruling, remanding the case to the Court of Appeal for a new decision in light of the principles just expressed, emphasizing the flexible nature of the probationary period.