Notice (2118 of the Italian Civil Code)

Notice, under art. 2118 of the Italian Civil Code, represents a restriction, rectius, which is an obligation for the party terminating an employment contract and a right of the party subject to it. It is the standstill and final termination effectiveness period and produces the immediate termination deferral for a specified period.

When an employer gives notice to the dismissed employee, they fulfil a fundamental guarantee which allows them to receive income for a certain period to look for a new job.  Notice in the case of employee resignation of the employee gives the employer time to look for a new resource as a replacement.

The notice period is set by job-specific national collective contracts, based on the qualification, classification and seniority. A case-by-case analysis is indispensable as it is impossible to indicate a general period required for dismissal or resignation. A party that does not comply with this period must pay other compensation for lack of notice. 

De Luca & Partners has focused on handling job termination issues, by providing tailored assistance and advice activity to its national and international company clients and top management who want to terminate their contracts. Its specific expertise and practical experience permit De Luca & Partners’ professionals to assist clients by paying close attention to notice and replacement compensation and preventing possible or potential claims.