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 reinstatement.
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.
