MINISTRY OF EMPLOYMENT: CLARIFICATIONS ON SO CALLED “FORNERO” REFORM (Il Sole 24 Ore, October 13, 2012, page 27)

Ministry of Employment, with note no. 18273 of October 12, 2012, specified that communications on the termination of the employment relationship have to be sent to the so called “Centro per l’impiego” within 5 days starting from the resolution regardless from the circumstance that the dismissal is effective from the start date of the new settlement procedure, set in the Law no. 92/2012 (so called “Fornero reform”). with particular reference to the validation of the resignation, the Ministry specified that the aforementioned 5 days start from the day in which the employee (in case of resignation) and the parties (in case of mutual termination) agree on the effective date of the termination. According to Article 4, par. 22 of the mentioned law, should the “spontaneous” validation fail, the employer has to send to the employee the communication regarding the request to execute it within 30 days starting from the day in which the relationship legally terminates. The Ministry solved the doubt on the modality of the communication to the so called “Centro per l’impiego”. In this regard, if the employer already communicated the termination, the latter must execute a new communication of adjustment.