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25.032011

LABOR: THE NEW EXPIRY DATE FOR THE VALIDATION OF THE WORKING MOTHER RESIGNATION BECAME EFFECTIVE

On March 22, 2011 the Decree of the President of the Ministers’ Council (D.P.C.M.) n. 275/2010 became effective. The mentioned decree carried into effect the provision of Article 2, paragraph 3, Law no. 241/1990, related to the duration of the administrative proceedings of the Ministry of Labor not exceeding ninety days. The purpose of the Article concerns the certainty and celerity guarantee of the administrative provisions, as provided for by Law no. 69/2009. The coming into effect of the D.P.C.M. caused the application of the new 45-day deadline for the validation procedure closing at “Direzione Provinciale del Lavoro” in case of resignation given by working mother during the pregnancy period as provided for by Article 55 of Legislative Decree no. 151/2011. According to the latter provision, indeed, the resignation validation of the Labor inspectorate is a validity condition of the resignation itself. Therefore, in case of lack of validation, the resignation are null and void with the consequence that the working mother is entitled to maintain her job and to have a compensation for damages, even if the employer was not aware of the pregnancy or the puerperium.