For the Court of Cassation the trial agreement can be repeated.
In the succession of the contract, but also between the same stipulating parties
By order of 11 July 2018, n. 18268, the Court of Cassation considered the dismissal of a worker who had previously rendered services with equal rights to a different employer and under the same contract, in which the withdrawing employer had succeeded to be legitimate during the trial period pursuant to art. 2697 of the Civil Code.
In fact, in the subordinate work, the trial agreement protects the interests of both parties to experience the convenience of the current relationship. Therefore, the new employer has the right to verify, in addition to professional qualities, also the behaviour and personality of the worker in relation to the performance of the service, since these elements are susceptible to change over time due to multiple factors, related to the habits of life or health problems (see also Cassation sentence 15059/015).
Therefore, the trial agreement is legitimately stipulated even if the aforementioned verification has already taken place in the past, with a positive outcome, for the same tasks and for a suitable period of time. And not only in the case of employment relationships relating to several companies succeeding in the same contract, but also in the presence of several contracts stipulated with the same employer.
The Supreme Court has not in fact failed to recall its direction according to which the repetition of the trial agreement is also admissible in subsequent employment contracts between the same parties if based on the appreciation of the court of merit, there is a need for giver to carry out the checks referred to above (see also Cassation sentence 15059/015). (LC)
