{"id":24683,"date":"2021-11-03T19:12:47","date_gmt":"2021-11-03T18:12:47","guid":{"rendered":"https:\/\/www.delucapartners.it\/news\/resignation-waiver-of-notice-by-the-employer-annuls-the-executives-right-to-the-relevant-payment-in-lieu-of-notice\/"},"modified":"2026-04-07T10:10:19","modified_gmt":"2026-04-07T08:10:19","slug":"resignation-waiver-of-notice-by-the-employer-annuls-the-executives-right-to-the-relevant-payment-in-lieu-of-notice","status":"publish","type":"post","link":"https:\/\/www.delucapartners.it\/en\/insights\/case-law-en\/resignation-waiver-of-notice-by-the-employer-annuls-the-executives-right-to-the-relevant-payment-in-lieu-of-notice\/","title":{"rendered":"Resignation: Waiver of notice by the employer annuls the executive’s right to the relevant payment in lieu of notice"},"content":{"rendered":"\n

With its order no. 27934 of 13 October 2021, The Court of Cassation ruled that the employer’s waiver of the resigning employee’s notice period removes any obligation to pay them the relevant payment in lieu of notice. This is because the resigning party has no legal interest in continuing the employment relationship.<\/p>\n\n\n\n

Facts of the case<\/strong><\/strong><\/h2>\n\n\n\n

In this case, a resigning executive obtained a court order for payment of the allowance in lieu of notice, a decision that was upheld on appeal, based on the company’s waiver of the resignation notice period did not relieve it from the obligation to payment in lieu of notice.<\/p>\n\n\n\n

Objecting to the court\u2019s ruling, the losing Company appealed to the Cassation Court.<\/p>\n\n\n\n

The Supreme Court of Cassation’s ruling<\/strong><\/strong><\/h2>\n\n\n\n

The Court of Cassation, explained the financial function of the notice<\/strong> which consists in mitigating the prejudicial consequences of the contract termination for the party suffering the termination.<\/strong><\/p>\n\n\n\n

The Court of Cassation stated that the notice has the following functions:<\/p>\n\n\n\n