FAQ on resignations

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FAQ on resignations
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Insights
Date:
30 Mar 2016

By:
Aldo Bottini

1. Does the new procedure also apply to executives?

Yes, the new procedure applies to all employees. 

2. Does the new procedure also apply to interns?

No, only employees are required to submit resignations and terminations by mutual consent by electronic means, and interns are not employees. 

3. Does the new procedure also apply to to self-employed workers with contracts for continuative and coordinated services?

No, the new procedure only applies to employees. The withdrawal of self-employed workers is not subject to a particular manner and form. 

4. Is a written document necessary in order to discharge the employee from the notice period?

Although not strictly necessary, it is expedient and advisable to do so in order to justify the different employment termination date which will be indicated on the notice that will be sent to the employment centre. 

5. In the event that the employee proceeds with the resignation by himself or herself, is the employee's electronic signature necessary? 

No, the PIN issued by the INPS (National Social Welfare Institute) will suffice. 

6. Should the employee communicate a starting date that does not respect the notice period but then, instead, intend to respect it, must he or she or can he or she communicate the correct date online? 

The online procedure does not permit corrections to be made. Once the form has been submitted, the resignation can only be withdrawn (within the seven days that follow) and then, if necessary, resubmitted by following the procedure once more. If the resignation has been handed in without any notice, it is advisable not to permit the employee to work for the relevant period of time, in order to avoid the risk of the employment relationship being considered as re-established.

7. How should one proceed when it comes to transfers within a group of companies?

If there are resignations, then the new procedure must be followed. 

If the transfer is done through the assignment of a contract, the employment relationship is not interruped insofar as the assignment only entails the replacement of the employer with another. Therefore, the online procedure for resignations does not apply. 

8. Which procedure should be followed for resignations handed in before 12/03/2016 but which have termination dates after 12/03/2016? 

An interim regulation is not provided for. Therefore, the rules under Law no. 92/2012 will apply if the resignation was submitted before 12th March 2016, even if the relationship terminates after.

9. Can the date communicated by the employee be amended by the employer if it doesn't respect the notice period provided for?  

The employer cannot change the contents of the communication submitted by the employee, seeing as the employer and the DTL (local employment office) can only access the communication as a read-only document in the portal. 

10. If the employee changes his or her mind and withdraws the resignation within 7 days and the employer annuls the communication sent to the employment centre, how are the "break" days considered?  

If the resignation has been withdrawn, then the employment relationship continues as if it was never interrupted. In any case, if the employee did not work during those days, the employer does not need to pay compensation for the corresponding days. 

11. Should an employee who does not have a computer at home want to resign, can the employer put one of its own computers at the disposal of said employee?

Yes. With his or her unique PIN, the employee can access the portal for submitting resignations from any PC whatsoever.