If an employee’s unjustified absence extends beyond the period specified in the applicable National Collective Labour Agreement (CCNL) or, in the absence of a contractual provision, exceeds fifteen days, the employer must notify the local office of the National Labour Inspectorate. The Inspectorate may verify the accuracy of this notification.
In such cases, the employment relationship is considered terminated by the employee’s intent. Consequently, the employee will not be entitled to the NASPI allowance, the employer will not be required to pay the dismissal contribution to the Italian Social Security Institute (INPS) and there will be no scope for disputes challenging the dismissal.
The new regulations govern cases of “de facto resignations” or “resignation through implied conduct” (also called fatti concludenti, literally “concluding facts”) to which the rules on so-called “telematic resignations” do not apply. However, these provisions do not apply if the employee demonstrates that their absence could not be communicated to the employer due to force majeure or reasons attributable to the employer.
The National Labour Inspectorate reserves the right to issue detailed instructions, particularly regarding the duties of local labour inspectorates, which can check the accuracy of notifications made by employers about an employee’s unjustified absence.
