Validation of worker/mother/father resignation (with children up to three years)

A worker who intends to resign must first notify the employer, by letter delivered by hand or sent by registered letter with return receipt or certified email, of her intention to resign during the protected period, specifying at the same time the date of her last day of work.

According to Article 54 of Legislative Decree 151/2001, female workers cannot be dismissed from the beginning of the pregnancy period until the child is one year old. The prohibition of dismissal also applies to the working father, if the latter has taken paternity leave, for the duration of that leave and extends until the child is one year old.

The effectiveness of the termination of the employment relationship is subject to such validation.

If the Employment Service verifies the non-genuine intention to resign, it will not proceed with validation and the employment relationship cannot be terminated.

The effectiveness of the termination of the employment relationship is subject to this validation.

• to the worker during the period of pregnancy
• to the worker during the first three years of the child's life;
• to the worker during the first three years of the child's life; to the worker during the first three years of the child's adoption or fostering, or in the case of international adoption, during the first three years starting from the communications referred to in Article 54(9) of Legislative Decree No. 151/2001;
• to the worker during the period between the request for publication of the marriage and one year after the celebration (ex-Art. 35, § 4, Legislative Decree n° 198/2006)

Field of non-application:

• domestic workers (if the resignation occurs after the compulsory leave period),
• consensual terminations reached through out-of-court settlement agreements.

To validate the resignation, the worker may choose one of two ways

• go in person to the Labour Service desk in Trento (no appointment necessary): Mondays 9am-1pm and 2pm-4.30pm and Tuesdays to Fridays 9am-12.30pm
• request a "remote" online interview, instead of an in-person interview with the Employment Service official.

• a copy of the letter of resignation/consensual termination submitted to the employer/employer, duly dated and signed by both parties, as proof of receipt of the resignation; or sent by registered letter with return receipt or certified email
• copy of identity document (to be presented in original also at the online interview);

• NB → if you request activation of the "remote" procedure, please contact the competent office to arrange an online appointment. The online interview request form must be sent to the Employment Service - together with the letter of resignation and identity document - to the following email address: serv.lavoro@pec.provincia.tn.it

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