Italy: New Italian Rules On Employee Resignation: New Form And Procedure

Last Updated: 12 December 2007
Article by Francesco Portolano and Andrea Gangemi
  • Introduction
  • Formal Requirements for Dismissal and Resignation
  • Practice Problems with Resignation
  • New Rules on Resignation


Under Italian law an employment relationship is permanent except in cases, specified by law, in which the employer and the employee agree to a temporary employment relationship, in which case the parties must specify the duration of the contract in writing; thus, the relationship is automatically terminated on an agreed date.

In the case of a permanent employment relationship (for which there is no fixed termination date) and a temporary employment relationship before the termination date, the Civil Code provides that both parties may terminate the relationship, either giving a notice period or with immediate effect where one party has just cause.

In such circumstances, dismissal (ie, unilateral termination of the relationship by the employer) is permissible only for a justifiable reason, whereas resignation (ie, unilateral termination by the employee) does not require a specific justification; moreover, until recently an employee was not necessarily required to follow a particular procedure or fulfull formal requirements.

One of the more significant negative consequences of this disparity was the use of undated resignation letters, which some employees were required to sign when they were hired. However, new rules and procedures introduced by a recent law aim to prevent such unlawful conduct in future.

Formal Requirements for Dismissal and Resignation

Italian law prescribes more detailed formal requirements for dismissal than for resignation.

Formal requirements for dismissal

Notice of dismissal must be made in writing; otherwise, it will be considered void.

Moreover, if the dismissal is based on just cause or a subjectively justified reason, Article 7 of Law 300/1970 requires the employer to comply with the following procedure:

  • The employer must send a letter to the employee to challenge his or her conduct;
  • Within five days of receiving the letter, the employee may reply with an oral or written justification (with the assistance of a trade union representative if the employee so wishes);
  • If the employer does not accept the employee’s justification, it is entitled to send the employee the letter of dismissal describing the reasons for the dismissal; and
  • The dismissal is effective upon the employee’s receipt of the letter.

In Decision 7880, issued on March 30 2007, the Supreme Court extended this procedure - and the guarantees provided by Article 7 - to all managers (‘dirigenti’), including senior managers. Before this decision, the procedure applied only to middle and junior management.

Formal requirements for resignation – the old rules

Before the recent changes, an employee could resign by making an oral statement, except where written resignation was required by the applicable national collective agreement - only in such cases was an oral resignation considered void. The resignation was effective upon receipt by the employer.

In specific cases the law required that the resignation be confirmed by the employee before the labour inspectorate of the provincial labour office (Direzione Provinciale del Lavoro - Servizio Ispezioni del Lavoro) in order to allow the inspectorate to verify that the unilateral termination of the employment relationship complied with the regulations. This requirement applied if, for example, the employee was (i) a recently married female employee, or (ii) a working mother who resigned during the period before or after the birth of her child in which she could not be dismissed.

Practical Problems with Resignation

Thus, on issues of dismissal a detailed procedure with appropriate guarantees was provided for all categories of employee, whereas comparable provisions did not exist for resignation, which could be effected orally in some cases.

The reasons for these significant differences were connected to the need to protect employees in the event of involuntary termination by preventing unlawful conduct by the employer.

However, the previous regime was susceptible to abuse. An employer could force an employee to terminate the employment relationship by requiring him or her to write a resignation letter. Moreover, the employer could even unlawfully force the employee to draft and sign an undated resignation letter at the beginning of the employment relationship, giving the employer the power to terminate the relationship at any time.

On other hand, if a resignation was made orally, the employee could change his or her mind and deny that he or she had resigned. Even if the resignation was made in writing, an employee could allege that he or she had written the letter under duress.

Thus, in order to avoid these problems, employers were forced to ask employees to confirm their intentions before the competent provincial labour office, even in cases where this procedure was not required by law.

New Rules on Resignation

In light of the above, on October 17 2007 Parliament approved Law 188/2007, which aims to prevent unlawful conduct by either party in the employment relationship.

The law provides for the introduction of mandatory written resignations for all categories of employee.

The resignation must be presented on an appropriate form distributed by the Ministry of Labour and Social Security. The forms are numbered in chronological order and become void 15 days after their date of issue. Once the form has been signed by both parties, a copy must be filed with the competent provincial labour office.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions