The Worker's Statute excludes enterprises with less than 15 employees (or less than 5 in the agricultural sector) from specific aspects related to dismissals and worker's representatives (see: art. 35). This exclusion entails consequences on the available remedies for unfair dismissal.
In addition, the Act No. 223 on collective dismissal is only applicable to undertakings employing more than 15 workers (art.1).

- Domestic servants are excluded from the general rules on individual dismissals. However, they are covered by the rules on discriminatory dismissal and by a national collective agreement adopted in 2007 that provides for rules on notice periods and end of service compensation (TFR).

- In general, public servants are covered by ordinary legislation governing employees but specific exceptions may apply. For some categories of public servants (e.g. magistrates, university teachers, top civil servants) and members of the armed forces and police, there are specific rules (public servant's regime, 'regime regime pubblicistico'").

- Executives (dirigenti) are the top managerial employees: they are generally governed by the same rules of ordinary employees but major exceptions apply (e.g. dismissal, working time). "Managers and directors are not covered by the legislation as employees and therefore do not have the same status, nor the same protection against dismissal." (EU Commission study on Termination of Employment)

Art. 1.1 of the Decree 368/2001 lists the grounds based on which the fixed term contract (when concluded with justification) can be concluded: reasons of technical nature, reasons of production, organization and in the in case of substitution of temporary absent employee.

Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
(in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).

Renewal is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.
Renewal is not possible for longer FTC.

Art. 4 Leg. Decree 368/2001
However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

Note: This limitation only applies to successive FTC. In the case of a single FTC, no maximum duration is fixed by the law.

Source: Eurostat, as of first trimester 2010.
The figure refers to the percentage of employees of a total number of employee with a contract of limited duration (= temporary job).
Eurostat data are based on the following definition:
"A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Art. 2 Act 604/1966: if requested by the worker within 15 days from the notification.

A dismissal is unfair unless it is for a just cause (no notice required) or a justified motive (notice required)
See art. 1 and 3 Act 604/1966 and art. 2119 CC.

Under art. 2119 C.C., 'just cause', in broad terms, requires very grave conduct which, when evaluated both subjectively and objectively, constitutes a serious and irremediable reason that prevents the parties to continue the employment relationship even on an interim basis. Whether such a breach has occurred would normally have to be determined ultimately by a court, taking all relevant factors into account.
Justified reason is defined as a very significant breach of contract made on the side of the employee (subjective justified reason) as well as ; or reasons inherent in the production process, the organization of work or the smooth running of the undertaking (objective justified reason) (sec. 3, Act 604).

Art. 15 Act 300/1970, as amended by art 13 A 903/1977 .
Art. 3 Act 604/1966
Art. 1 Act 7/1963
Art. 54 Act 151/2001
Art. 18 (1) Act 53/2000.

- Worker's representatives: there is a limited protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal.
- Pregnant women, women on maternity leave, women with family responsibilities: see L 1204/1971 on the protection of working mothers. According to art. 2, dismissal is prohibited form the beginning of the pregnancy and up to a maximum of one year after the birth of the child.
This prohibition does not however prevent an employer for dismissing a female employee in the event of serious misconduct (just cause) or in case of cessation of the activities of the employer.
See also Leg. Decree No. 151 of 26 march 2001, art. 54:
- Workers on paternity leave equally benefit form the protection against dismissal. (note however that under Italian law, a worker is entitled to paternity leave in limited situations: death of the mother, serious disability or abandonment by the mother or exclusive custody of the child to the father).
- The prohibition of dismissal has also been extended to cover adoption leave (up until one year after the child has entered the family).

Art. 2 Act 604/1966

The length of the notice period is governed by collective agreements according to the employee's length of service and category.
See also art. 2118 CC.

Art. 2118 Civil Code

Art. 24, Act 223/1991

Art. 4 read together with art. 24 Act 223/1991.

Art. 4 read together with art. 24 Act 223/1991.

Art. 4 read together with art. 24 Act 223/1991.

Art. 5 (1) read together with art. 24 Act 223/1991 : Mandatory list of 3 criteria to be considered unless provided otherwise in collective agreement: 1) family responsibilities, 2) job tenure, 3) technical, production-related and organizational requirements. But no specified priority between those criteria.

Art. 4(4): refers to alternatives to redundancy and measures to mitigate the social effects of redundancy as part of the elements to be communicated to the trade union representatives for the purpose of consultation.
Art. 4 (5) as modified by art. 1 Act (D. Leg.) 151/1997, read together with art. 24 Act 223/1991 : mandatory examination of the possibility to adopt social measures (i.e retraining).
However, no formal adoption of a social plan is required.

Art. 8 Act 223/1991 referring to art 15 Paragraph 6 Act 264/1949.
Preferential rehiring during six months. Before 2002 this period was one year.

No severance pay as such. However, there is an end-of-employment contract indemnity (TFR: Trattamento di fine rapporto: sec. 2120 CC) constituted by a certain amount of salary set aside each month to be paid to each employee upon termination of the employment contract.
It is calculated according to the formula of a year's overall salary divided by 13.5, plus 1.5 per cent for each year of service plus compensation for inflation. It is payable whenever an employment contract ends for whatever reason, and is based on length of service with the company.
The TFR payment scheme has been reformed. Since 2007, the employer's contributions for the TFR have been transferred to either a state pension fund or private complementary pension funds.

First category, see: art. 18 Act 300/1970 (workers' statute).
Second category, see: art. 8 Act 604/1966.

Depending on the number of employees as previously mentioned reinstatement can be either mandatory or optional: art. 18 Act 300/1970 Act (workers' statute) and art. 8 Act 604/1966.

Art. 5 Act 108/1990 (applicable only to dismissals within establishments with up to 15 employees).
(Note: when this article is not applicable, conciliation is optional according to art. 410 Civil Procedure Code).

Art. 413 Civil Procedure Code.
The labour court "giudice del lavoro" is integrated into the organization of the general civil court system, but follow special procedures.

Art. 412-ter Civil Procedure Code: arbitration must be foreseen by a collective agreement.

As of 2004, for first instance cases
(26 months for appeal cases)
Source: http://www.corteappellocatania.it/formazione/051007/durata.pdf, p. 3
citing the 2006 report of the European Commission for the Efficiency of Justice : http://www.coe.int/t/dghl/cooperation/cepej/default_en.asp)