Unjustified absence of a certain period will now be considered a resignation

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.

On 13 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 2024. 

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.