There has been a wholesale change in the way resignations
are handled in Italy, further to the implementation of a recent
new law (Law no. 188/07).
Previously, when employees chose to resign, they simply
notified their employer without having to follow any specific
legal procedure or meet any particular legal requirements. They
were free to choose the most appropriate form.
The new law introduces a detailed procedure and has a big
impact on managing employee resignations. It should be noted
that not only employees (and executives) are affected by this
change, but also independent contractors.
Employees who intend to resign are subject to a special
procedure otherwise their resignation will be considered void.
In notifying the resignation, the employee must use a special
form issued by the authorities which certifies their
resignation. The form is free and will be provided by the local
office of the Ministry of Labour or the Unions.
The form will contain the following information:
an identification number
name of the employee
name of the employer
all relevant data identifying the employment contract (or
independent contractor relationship)
reason for resignation
The form, once issued, expires within 15 days and can not be
used for "undated or blank resignations". The form is
not yet available, although it will shortly be issued by the
Ministry of Labour.
Resignations not following the above procedure are
completely void and employees challenging the termination will
be not only entitled to be reinstated by the employer, but also
to receive their salary from the date of termination until the
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.
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