With the introduction of resignation by conclusive acts, pursuant to Article 19 of the Employment Law Addendum, employers are allowed to terminate the employment relationship in cases of unjustified absence by the employee, attributing the intent to resign to the latter. Indeed, the new provision, which adds paragraph 7-bis to Article 26 of Legislative Decree No. 151/2015, establishes that if the employee’s unjustified absence extends beyond the limits set by collective bargaining agreements—or, in the absence thereof, after fifteen days—the employer may, following notification to the competent local labor inspectorate, consider the employment relationship terminated as a result of the employee’s resignation.
In this regard, the National Labor Inspectorate (INL), in its recent note No. 579 of January 22, 2025, provided the first clarifications on the procedure to follow, the methods by which its territorial offices will carry out the necessary checks, and the circumstances under which, once presented by the employee, the termination effect of the procedure may not apply.
In the aforementioned note, the INL specifies that the notification should preferably be sent via certified email (PEC) and must include all information concerning the employee, not only personal data but also contact details such as phone numbers and email addresses. This will enable the inspectorate to contact the employee as well as other personnel employed by the same employer and other relevant individuals to verify the accuracy of the reported information. The inspectorate has stated that these verifications will be conducted promptly and concluded within thirty days of receiving the employer’s notification.
If the employee provides evidence of the impossibility of submitting their justifications due to force majeure or reasons attributable to the employer, or if the inspectorate independently determines the inaccuracy of the employer’s notification, the termination of the employment relationship will not take effect.