No more (forced) dismissal in the case of an employee’s prolonged absence.

It can now, rightly, be considered voluntary resignation.

‘In the event of an unjustified absence of the worker beyond the period provided for by the national collective agreement applied, the employer must inform the National Labour Inspectorate (INL), which can verify the veracity of the communication’ (Law n. 203 of 13 December 2024, Article 19 introduces an amendment to Article 26 of Legislative Decree n. 151 of 14 September 2015. In particular, with the addition of paragraph 7 bis).

If the unjustified absence exceeds 15 days, the employment relationship shall be deemed to have been terminated at the employee’s will, without the provisions of the aforementioned Article 26 applying, unless the employee proves the impossibility of communicating the cause of the absence due to force majeure or due to a fact attributable to the employer.

This novelty is intended to provide employers with adequate protection and to avoid the possibility of an employee being dismissed through prolonged absence.

Moreover, this measure fills a regulatory gap that allowed workers in the past to abuse the system of disciplinary dismissals related to leaving a job in order to unduly benefit from the New Social Insurance for Employment (NA-SpI). In the past, in fact, it was possible for workers to terminate employment without a formal notice and then access the social benefit. This legal vacuum put employers in a difficult situation, forcing them to pay the so-called dismissal ticket, an additional cost of 41% of the monthly NASpI ceiling for each year of employment.

In addition to exposing them to the risk of challenge.

Legal certainty in the termination of the employment relationship is crucial, especially when the employee’s conduct is in clear conflict with the duty of care.

The rationale of this rule is therefore to be found in the desire to put an end to situations that are not in fact explicitly formalised by means of written declarations and appear clearly oriented towards the termination of the employment relationship. The assessment of the authenticity of the resignation must be conducted in accordance with the principles of fairness and good faith, which characterise the entire contractual relationship. Therefore, the conduct of the employee must be assessed objectively in order to understand whether there is evidence of the employee’s intention to terminate the contract.

It is also crucial that there is no form of illegitimate pressure from the employer that could compromise the authenticity of the employee’s decision.

Following this period of unjustified absence of the employee, the employer is obliged to formally notify the National Labour Inspectorate, using certified electronic mail (PEC). The Inspectorate has the task of verifying the veracity of the communication, but if the verification is not carried out in a timely manner, the employer may consider the employment relationship terminated due to the employee’s resignation, citing the reference standard.

It is important that the communication includes all the necessary details such as, for example, telephone contacts or e-mails held by the employer to enable the Inspectorate to make a correct assessment and to be able to contact the worker if necessary.

The firm is at your disposal for any needs on the subject.