Categories: Insights, Case Law

Tag: dimissioni, Dismissal


18 Aug 2022

Resignation by conduct: a viable alternative to dismissal for just cause?

In its ruling no. 20 of 27 May 2022, The Court of Udine stated that absence from work without providing any justification to force the employer to dismiss for unjustified absence, is unlawful. Such conduct constitutes resignation by facta concludentia, even without complying with the electronic procedure.

The Court ruled that a worker who did not carry out the procedure, absented herself for several days to force her employer to dismiss her for unjustified absence to obtain NASPI had conducted unlawful behaviour.  The Court held that the conduct of the employer who notified the employment centre of the worker’s resignation, thus depriving her of her right to unemployment benefits, was correct.

The employment termination must be out of the worker’s control, for example in cases of disciplinary dismissal, to obtain the NASPI payment.

This is the reason for the unlawful practice by certain employees of voluntarily and unjustifiably absenting from work to be dismissed for just cause and receive unemployment benefits.

The Court stated that the electronic procedure under Art. 26 Legislative Decree no. 151/2015, while having the objective of ensuring the authenticity of the resignation submitted by the worker and allowing them to be free from conditioning, did not abrogate the effects of Articles 2118 and 2119 of the Italian Civil Code, which offered the worker the opportunity to resign “de facto” by conduct through a series of workplace absences.

The Court of Udine’s interpretation allows employment termination by conduct; a requirement included in the delegated law no. 183/2014 which remained unimplemented in Legislative Decree no. 151/2015. If the worker does not act in submitting a formal resignation – which has already factually occurred – the employment termination cannot be achieved only by dismissal for just cause.

Such a solution would be “unreasonable” and “of dubious constitutional compatibility” and contrary to the principles of reliance and good faith in an objective sense. A dismissal “imposed” on the employer would give rise to a public benefit disbursement to the dismissed person to protect a fictitious unemployment. This unemployment resulted from free choice and not involuntarily suffered by the worker.

Other related insights:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…