Probationary period: what do the construction collective bargaining agreements provide?


Emma Potter

The trial period allows employer and employee to experience mutual coexistence in the companybefore the employment contract becomes final.

During the test either party may terminate the contract without provide any no reason or noticeAt the end of the trial period the contract is considered definitively constituted and may be interrupted applying the ordinary legislation on dismissals and resignations.

The duration of the trial period, during which the relationship takes place regularly, is set at a maximum limit by law, equal to:

  • six months for all workers;
  • three months for employees without managerial roles.

Construction Crafts

L’Article 3 of the CCNL Building Craftssigned on 23 July 2008 and in force from 1 May 2022 to 30 September 2024, provides for workers a probationary period not exceeding:

  • 35 days of work for fourth level workers;
  • 30 days of work for skilled workers;
  • 25 days of work for skilled workers;
  • 15 days of work for all other workers.

The assumption of the drivers for the driving and operation of concrete mixers and concrete pumpsif carried out for the category of specialized workers, can take place with a trial period not exceeding 30 days.

Exemption from probationary period
Workers who have already worked for the same company for the same tasks, relating to the qualification of the previous employment relationship, are exempt from the probationary period, provided that the latter was not terminated more than three years ago.

Passing the probationary period
The probationary period, once passed, is considered in the calculation of the worker’s seniority in the company.

Can the trial period be suspended?
The probationary period is suspended in the event of absence due to illness. In these situations the worker will be allowed to continue the probationary period if the illness does not last longer than the probationary period itself.

What changes for employees?
With exclusive reference to employees (Article 46) the probationary period cannot be longer than:

  • 6 months for seventh level employees (super category);
  • 5 months for sixth level employees (first category);
  • 3 months for fifth level employees (second category) and fourth level technical assistants;
  • 2 months for fourth, third, second and first level staff.

Cooperative building

The CCNL Cooperative Building of 24 June 2008, in force from 1 March 2022 to 30 June 2024, on the probationary period for workers (Article 43) regulates the following thresholds:

  • 30 days of work for fourth level workers;
  • 30 days of work for skilled workers;
  • 25 days of work for qualified workers;
  • 15 days of work for the other workers.

For other aspects (passing, exemption and suspension of the probationary period) please refer to what is described for the collective agreement Edilizia Artigianato, with the exception of a further hypothesis of suspension, foreseen in the event of accidents at work or occupational diseases. In these situations the probationary period “remains suspended until work is resumed, provided that the resumption occurs within 30 days from the date of notification of the occupational disease or injury” (Article 43).

For employees, the collective agreement provides for the following limits on the duration of the probationary period (Article 78):

  • 6 months for employees classified in the first super category, first category, second category;
  • 3 months for fourth level and third category employees, fourth category and fourth category first employment.

Construction industry

The collective agreement for Construction Industry of 19 April 2020, in force from 1 March 2022 to 30 June 2024, on trial period of the workers (Article 2) and employees (Article 42) follows what was described for the cooperative sector.

It should be noted, for employees, that in the event of termination of the employment relationship, during the probationary period, at the will of the employer, it must be corresponded the employee the economic treatment due until the middle or the end of the current month, depending on whether the termination occurs within the first or second fortnight of the month itself.

PMI Construction – Confapi and PMI – Confimi

The CCNL of 1 July 2008 for PMI Construction – Confapi and that of 28 October 2013 for PMI Construction – Confimi both provide, respectively, for Articles 2 and 43the following trial periods for workers and employees:

  • 30 days of work for fourth level workers;
  • 25 working days for skilled workers;
  • 20 days of work for qualified candidates;
  • 10 days of work for the other workers.

With regard to employees, the following applies: Maximum ceilings:

  • 6 months for first category super employees;
  • 5 months for first category employees;
  • 3 months for second category employees and fourth level technical assistants;
  • 2 months for third, fourth and fifth category first employment employees.