Italian Court Rules Trial Period Without Defined Duties Null, Orders Worker Reinstatement

The Tribunal of Milan (case No. 3772, 14 July 2026) declared a generic trial period without specified duties null, ruling that the dismissal of a worker, Giulia, was unlawful. Because the contract failed to indicate the tasks to be performed, the trial clause could not be enforced, and the employment relationship was converted into an indefinite‑term contract.

The court ordered Giulia’s reinstatement with a reduced protection measure under article 3, paragraph 2 of Legislative Decree 23/2015, and awarded her compensation equivalent to her salary. The decision references Constitutional Court ruling No. 128/2024, which reinforced employee protections. While the judgment is not final and may be appealed within the statutory periods, it underscores the requirement that trial agreements must clearly define the employee’s duties under article 2096 of the Italian Civil Code.