In judgment no. 20239 of 14 July 2023, the Court of Cassation dealt with the issue of
dismissal due to unsuccessful trial period, in a case in which the probationary period agreement was
null and void. The Court ruled that workers subject to the so-called “rising protection” legislation
(i.e., workers hired after 7 March 2015) are only entitled to compensation, and not to
reinstatement to work. In support of its decision, the Italian Supreme Court noted that the dismissal
reform introduced by the so-called Jobs Act has limited the remedy of annulment of the dismissal to
disciplinary dismissal, and specifically, only to the case that the inexistence of the material fact
with which the worker is charged is proved in court; and it has therefore concluded that given the
residual nature of this remedy in the Jobs Act legal framework, dismissals notified during the
probationary period under an invalid agreement give rise only to the monetary compensation
remedy.
