Unjustified absence of a certain period will now be considered a resignation (update)

At a glance

• Unjustified absences for a period longer than the term provided for in the collective bargaining agreement (CBA) (or, in the absence of a CBA, 15 days) will be considered a resignation.
• In this case, the employee will not have access to unemployment benefits.
• Therefore, the employer may terminate the employment relationship without occurring any charges.

Update: 8 May 2025

On 10 April 2025, the Ministry of Labour issued note no. 5257, providing clarification on the consequences of an employee providing evidence that it was impossible for them to communicate the reasons for their absence to their employer, or of the Labour Office verifying that the legal requirements for a deemed resignation do not exist. 

In these cases, employees should be reinstated. However, the Ministry of Labour has confirmed that there is no automatic reinstatement of the employment relationship; this can only happen at the discretion of the employer. An employer could decide not to reinstate the employee if it considers that the reasons given by the employee or the verification by the Labour Office are not valid. However, this could be challenged by the employee and the employer's decision reviewed by a court.

Update: 15 April 2025

On 27 March 2025, the Ministry of Labour published a circular, Circular No. 6/2025 (Circular), setting out operational directions for the regulations which came into effect on 15 January 2025.  Amongst other things, the Circular clarifies that employment will only terminate due to 'de facto resignation' if the employer decides to make use of this option; it does not automatically result from an employee's unjustified absence. The Circular also provides that the termination procedure following a de facto resignation is ineffective if the Ministry of Labour subsequently notifies the employer of the employee’s resignation (including for just cause). 

Finally, the Ministry clarifies that if the CBA does not specify otherwise, the procedure is applicable only after an absence exceeding 15 calendar days. This period can be extended but not shortened by collective agreements. Additionally, the Circular states that collective rules regarding disciplinary dismissals for unjustified absences are not applicable.

On 13 December 2024, the Italian Parliament approved a law introducing significant changes, including a key update for employees who leave their jobs without formalising their resignation. This came into effect on 15 January 2025. 

According to the new provision, if an employee is unjustifiably absent for longer than the period specified in the CBA (or, if not specified, 15 days), the employer can consider the employee to have resigned (de facto resignation) after notifying the Labour Inspectorate, which has the authority to verify the resignation grounds. 

The law also provides that in the presence of a de facto resignation, the employee will not have access to unemployment benefits, and the employer can terminate the employment relationship without having to pay the dismissal fee.