Ministerial clarifications on the new provisions of the "Collegato Lavoro" law
- Studio Piceci
- April 29, 2025
- Reading time: 7 min
News . 12/2025
We would like to draw your attention to News recent News released News the Ministry of Labor, News provides information on the main measures implemented by the legislator with Law No. 203 of December 13, 2024 (known as the "Collegato lavoro" or "Employment Annex").
In particular, the document focuses on new developments regarding resignation by conclusive facts, temporary employment, seasonal work, probationary periods, and communications regarding flexible working arrangements.
Regulations governing termination of employment
Article 19 of Law No. 203 of December 13, 2024 amended Article 26 of Legislative Decree No. 151/2015, introducing paragraph 7-bis, which establishes the possibility for the employer, in the event of unjustified absence of the worker lasting beyond the period provided for in the applicable national collective bargaining agreement or, in the absence of a contractual provision, where the absence exceeds fifteen days, to activate the procedure of so-called "resignation by conclusive facts," by means of a communication to be sent to the competent local National Labor Inspectorate. We enclose a facsimile of the notification. The notification must be sent both to the Inspectorate and to the employee, in order to allow the latter to exercise the right of defense provided for in Article 24 of the Constitution.
In this regard, it should be noted that, following inspections, the employer may be held liable, including criminally, for false statements made to the local Inspectorate.
It should be noted that several collective agreements link prolonged unjustified absence to disciplinary consequences, allowing the employer to proceed with dismissal for just cause or for justified subjective reasons. In these cases, the guarantee procedure provided for in Article 7 of the Workers' Statute (Law No. 330/70) is activated. Therefore, if the contractual provision on unjustified absence provides for a prior disciplinary procedure, the procedure provided for in the National Collective Labor Agreement must be followed, and not "resignation by conclusive facts."
The News also provides further clarification regarding the electronic termination procedure initiated by the employer following "resignation by conclusive facts," establishing that it is rendered ineffective if the employee has previously submitted their resignation electronically.
Therefore, in order to activate the procedure of "resignation by conclusive facts," the employer must first verify whether the company's collective bargaining agreement (CCNL) provides for, and what it provides for, in terms of unjustified absences by the employee. After a minimum period of absence of 15 days, or the greater number of days of absence provided for in the applicable collective bargaining agreement, the employer will forward the request via certified email to the competent local inspectorate, which will carry out all the necessary checks; a copy will also be sent to the employee to inform them of the procedure that has been initiated. The termination of the employment relationship will take effect from the date indicated on the UNILAV form (which will be sent within 5 days of confirmation of receipt of the communication by the Inspectorate), it being understood that the employer is not required to pay wages and related contributions for the period of unjustified absence.
However, if the employee can prove that they were unable to communicate the reasons for their absence (for example, because they were hospitalized or due to force majeure), the termination of the employment relationship will remain ineffective. The same condition will also apply if the Inspectorate ascertains that the employer's communication is untrue.
The provisions in question do not apply in cases of consensual termination or resignation submitted by the female employee during pregnancy, or by the female or male employee during the first three years of the child's life, or in other specific cases as better defined in Article 55 of Legislative Decree No. 151/2001.