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)

Fixed term contracts can be concluded in two cases: with justification (1.1 of the Decree 368/2001) and as of 2012 without justification (Art. 1.1bis of the Decree 368/2001 as inserted by art. 1.9 of Act 92/2012).

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).

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.

New in 2012
However, under art. 1.1bis of the Decree 368/2001 as inserted by art. 1.9 of the Act 92/2012,
no need to specify objective and material reasons:
- for the first fixed-term or temporary agency agreement, for a maximum of 12 months
-with no limitation in duration, if prescribed in collective agreements (intersectoral, sectoral, company level agreement in this last case only if prescribed by sectoral collective agreement) concluded among the social partners who are held to be comparatively the most representative. Two sets of limitations are imposed upon the conclusion of this type of FTC: (i) they can be concluded in connection to some circumstances specified by the law (e.g. *for the start of a new business, for the launch of a product or a new service, for the implementation of a significant technological change or the renewal or extension of an consistent order; (ii) it must not cover more than 6% of the working force in the work unit

New in 2012
Also, art. 28 of Decree 179/2012 read together with art. 1.1 of the Decree 368/2001 states that the justification grounds for the conclusion of the fixed term contracts cited in the art. 1.1 of the Decree 368/2001 (look above) have to be considered as already existing without necessity of proof in the case of start up of industries for the activities related to their own aims. In this case art. 28 of the Decree 179/2012 provides with the minimum duration of FTCs for 6 months, and maximum for 36 months. Here the legislator did not request the respect for the breakes between two or more consecutive contracts. (Look bellow art. 5.3 of the Decree 368/2001 as amended by Act 92/2012).

Extension is allowed once only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree 368/2001.

New in 2012 : No extension is possible for FTCs entered into without specifying the objective and material reason in the cases mentioned above.

Unlimited number of renewals is possible provided that the 36-month maximum cumulative duration of successive FTCs is complied with and an interruption between the previous FTC expiring and a new one starting occurs.

New in 2012 : interruptions must be for at least 60 days if the previous FTC with the same employee was shorter than 6 months; 90 days for longer previous FTCs; before Law 92/2012 minimum interruptions were respectively 10 and 20 day for FTCs shorter or longer than 6 months.

Art. 4 Legislative 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).

New in 2012 : Under art. 5.4ter of Legislative Decree 368/2001 as amended by Law 92/2012 exception to the 36-month limit could be provided by national collective bargaining agreements.

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 second trimester 2012.
The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
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. 15 and Art. 18 Act 300/1970, as amended by Law 92/2012 .
Art. 3 Act 604/1966
Art. 35 Legislative Decree 198/2006
Art. 54 Legislative Decree 151/2001
Art. 18 (1) Act 53/2000.

- Worker's representatives: there is a protection in art. 28 Act 300/1970 (workers' statute) which provides for specific simplified procedure for reinstatement following unfair dismissal. Specific remedies are also provided under Art. 18 Act 300/1970

- Pregnant women, women on maternity leave, women with family responsibilities: see Legislative Decree 151 of 2001 on the protection of maternity and paternity. According to art. 54, 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.

- Workers on paternity leave equally benefit from 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).

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) For employers with more than 15 employees (or five in the agricultural sector) in one production unit, or more than one in the same municipality, and employers employing more than 60 workers wherever located.

See: art. 18 Act 300/1970 (workers' statute) as amended by Art 1.42 of Law 92/2012. Before this amendment, mandatory reinstatement of the dismissed employee and payment of damages for the period between the dismissal and the reinstatement but not less than five months' pay applied to all cases of unfair dismissal issued by employers with more than 15 employees (or five in the agricultural sector) in one production work unit, or more than one in the same municipality, and employers employing more than 60 workers wherever located.

In case of unfair dismissal (lack of justification, discriminatory, irregular procedures):
Discriminatory dismissal or based on prohibited grounds - the applicable sanctions: Mandatory reinstatement of the dismissed employee and payment of damages for the period between dismissal and the reinstatement but not less than five months' pay. (Art. 18.1 of WS 300/70 as amended by art. 1.42b of the Act 82/2912)
Unlawful disciplinary dismissals: because of the lack of the elements which characterize the employers' claim (INSUSSISTENZA DEL FATTO CONTESTATO) or because the sanction applied could have been other than dismissal - the applicable sanctions: the court will order the employer to pay the employee an indemnity of not more than 12 months' salary + reinstatement. (Art. 18.4 of WS 300/70 as amended by art. 1.42b of the Act 82/2912)
Unlawful disciplinary dismissals because the judge finds that "other" elements which constitute disciplinary dismissal are lacking - the applicable sanctions: compensation 12 to 24 months salary. (Art. 18.5 of the WS 300/70 as amended by art. 1.42b of the Act 82/2912)
Because the procedure has been violated (*violation of the art. 2.2 of the Act 604/1966, of the art. 7 of the Act 604/1966; and art. 7 Statuto Lavoro)- the applicable sanctions: the judge confirms the termination of employment and awards compensation from 6 to 12 months salary, unless the judge if requested by the worker, verifies that the termination is not justified in which case art. 18.1 or 18.4 or 18.5 or 18.7 workers as amended by art. 1.42b of the Act 82/2912 are applied. (art. 18.6 of the WS 300/70 as amended by art. 1.42b of the Act 82/2912)
Unlawful economical dismissal - the applicable sanctions: If the reason for the dismissal is manifestly in-existent, the judge can apply the sanction provided for in article 18.4 WS as amended b art. 1.42b of the Act 82/2912. In other unlawful economical dismissal cases the judge can apply the sanction imposed by the art. 18.5 as amended by by art. 1.42b of the Act 82/2912. (Art. 18.7 of the WS 300/70 as amended by art. 1.42b of the Act 82/2912)
In the case of an unjustified dismissal because of physical or mental reasons related to the worker or because of the violation of the art. 2010.2 of the Civil Code the judge will apply the sanction provided for in the art. 18.4 WS 300/70 as amended by art. 1.42b of the Act 82/2912)

2) For establishments with up to 15 employees (or 5 in the agricultural sector):
* Rehiring (new contract) or if refused by the employer, compensation ranging from 2,5 to six months' pay (depending on job tenure and firm size), up to 10 months pay for more than 10 years of service, and up to 14 months for more than 20 years of service. However, when the dismissal is held to be discriminatory or however based on prohibited grounds or retaliatory or in any other case in which the law provides the dismissal to be held null and void mandatory reinstatement of the dismissed employee and payment of damages for the period between the dismissal and the reinstatement but not less than five months' pay would apply.
See: art. 8 Act 604/1966.

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

Conciliation is optional.

As from 2012, pursuant to Art.7, Law 604/1966 as amended by Art. 1.40 of Act 92/2012, employers with more than 15 employees (or five in the agricultural sector) in one production work unit, or more than one in the same municipality, and employers employing more than 60 workers wherever located, have to notify public bodies (Direzione Territoriale del Lavoro) when a dismissal for justified objective reason is contemplated, in order to attempt an amicable settlement between the parties. Decree 76/2013 specified that this does not apply to dismissals connected to absence for work because of illness or injury or to other similar cases.

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)

New in 2012
Art. 6 of the act 604 /1966 as amended by the art. 32.1 of the Act 183/2010 as amended by the art. 1.38 of the Act 82/2012, states that any type of dismissal must be claimed from the employer within 60 (*this however does not have to be respected as you can go to the judge directly) days from the moment of the notification. In this case 60 days is a deadline for giving a notification to the employer that you would like to challenge his/hers decision on termination. From the moment the employer is notified, a new deadline starts within which a worker has to go to the judge (180 days deadline). Before 2012 reform the 180 days deadline was 270 days deadline.