DE FACTO RESIGNATIONS: THE FIRST CLARIFICATIONS FROM THE NATIONAL LABOUR AUTHORITY
With note no. 579 of January 22, 2025, the National Labor Inspectorate (INL) provided the first indications on the operation of the case of resignation by conclusive facts of the subordinate worker, introduced by art. 19 of Law 203/2024 (so-called Labor Connection) which came into force on January 12, 2025.
On this point, we recall that the aforementioned legislative provision provides that, in the event of unjustified absence of the worker lasting beyond the term provided for by the applicable National Collective Labor Agreement (NCBA) or, in the absence of contractual provision, for a period exceeding 15 days, the employer shall notify the territorially competent Authority office, which will verify the truthfulness of the content, with the effect of automatic termination of the employment relationship, as such unjustified absence is considered as a behavior demonstrating the worker's intention to resign.
The note integrates the legislation by specifying, first of all, (a) the procedures that the employer who faces such a situation must follow, but only if he decides to enforce the unjustified absence for the purpose of terminating the employment relationship. Subsequently, the note provides (b) the steps for verifying the content of the communication by the territorially competent Authority office. Finally, it clarifies (c) the practical aspects related to the termination of the employment relationship and the counter-evidence.
In particular, once the territorially competent Authority office has been identified and the procedures through which the employer must communicate the unjustified absence have been established, the note also regulates the checks that the Authority can carry out.
The Authority receiving the communication may indeed initiate the verification of the truthfulness of the unjustified absences of the employee as reported in the employer's communication within 30 days from the receipt of the communication.
The checks may involve not only the person directly concerned but also other employees.
If, following the checks, the authority finds that the communication is not truthful, the employment relationship will be reinstated. Otherwise, the resignations due to conclusive facts will be considered confirmed.
The burden of proof on any circumstances justifying the absence is on the concerned employee.
