A podcast by Att. Stefano Trifirò, Mariapaola Rovetta Arici and Jacopo Moretti – Trifirò & Partners Avvocati
The probationary period: a useful tool, but often underestimated
The probationary period is a tool that companies are generally familiar with, but in practice it is often taken for granted or used imprecisely. When properly structured, however, it represents a key step in assessing whether the employment relationship truly works—for both the company and the employee.
It is not a mere formality: the probationary period is a real agreement that allows both parties to evaluate, during an initial phase, their mutual suitability for the role and the organizational context.
When the probationary period is valid
To be valid, a probationary clause must meet some essential requirements:
it must be in writing;
it must be signed before the employment relationship begins;
it must be specific, not generic.
In particular, the clause must clearly describe the duties subject to the probationary assessment. The evaluation cannot be abstract: the probation must be linked to concrete tasks that are consistent with the role and objectively verifiable.
How to properly structure a probationary period
From an operational perspective, there are a few best practices that help make the probationary period truly effective (and legally defensible):
Clearly describe the duties
The activities should accurately reflect the assigned role. The clearer the description, the easier it will be to assess the outcome of the probation.Define clear evaluation criteria
It is helpful to ask from the outset: what should the employee be able to do by the end of the probationary period?This may include technical skills, level of autonomy, organizational abilities, and integration into the team.Document the probationary period
Internal notes, structured feedback, and review meetings all help ensure that the evaluation process is transparent and consistent.
Termination during the probationary period
During the probationary period, the company may terminate the employment relationship without the obligation to provide a formal justification, but this does not mean the termination can be arbitrary or discriminatory.
The decision must be consistent with the outcome of the probationary assessment and based on objective elements related to the employee’s duties and the predefined evaluation criteria.
Timing is often overlooked but is crucial:
termination must occur within the probationary period. If the employment continues even for one day beyond the probationary end date, the probation is deemed automatically completed, with all related legal consequences.
