Communicating your voluntary resignation

In order to combat the phenomenon of so-called "blank resignations", as of 12 March 2016, workers/employees must communicate their voluntary resignation and consensual termination of employment, to the Ministry of Labour and Social Policies, under penalty of ineffectiveness, through an online procedure, introduced by Legislative Decree No. 151 of 14 September 2015.

In particular, the Ministerial Decree of 15 December 2015 defines the modalities, standards and technical rules for the telematic communication of resignations.

It is addressed to workers who intend to resign.

These provisions do not apply in the particular cases listed below:

• to domestic work
• in cases where the resignation or consensual termination is reached through conciliation agreements (Provincial Conciliation Commission, trade union office, Certification Commission)
• in cases of termination during the probationary period
• in coordinated and continuous collaborations
• in employment relationships with public administrations (Legislative Decree no. 185 of 24 September 2016).

Furthermore, the following cases of validation at the Labour Inspectorate remain out of scope: if the request for resignation or consensual termination of the employment relationship is submitted

• by the employee during the period of pregnancy
• by the worker (mother) or by the worker (father) during the first three years of the child's life, or during the first three years of the child's reception of an adopted or foster child;
• finally, by the worker during the period between the request for publication of the marriage and one year after the celebration, according to Art. 35, § 4, Legislative Decree n° 198/2006.

In that case, proceed with the dedicated form VALIDATION OF VOLUNTARY DISSEMINATIONS AND CONSENSUAL TERMINATION FOR MOTHER WORKERS AND FATHER WORKERS WITH CHILDREN UNDER THREE YEARS OF AGE.

The worker may transmit the telematic resignation in person or through authorised parties, i.e. patronages, trade union organisations, certification commissions, bilateral bodies, labour consultants and territorial offices of the National Labour Inspectorate (Legislative Decree no. 185/2016).

The worker may choose between two options

• send the form online independently via the Ministry of Labour website, which can be accessed via SPID or CIE.

• contact an authorised person (patronage, trade union organisation, bilateral body, certification commissions, labour consultants, competent territorial offices of the National Labour Inspectorate) who will have the task of compiling the data and sending them to the Ministry of Labour. In the Autonomous Province of Trento, the Employment Service is responsible.

A video tutorial and faqs for users are available on the Ministry of Labour and Social Policies website on the dedicated page.