To simplify the obstacles with the new online resignation, the Ministry of Labour intervened to get answers to several questions from labor consultants through a circular (no. 12/2016).

A first answer was given in the case where an employee who decides to resign not following the online procedure and he does not show up at work : in this situation the report can not be considered solved. The employer will have to challenge the unjustified absence and terminate employees, as well as pay the ticket dismissal and the employee will be entitled to unemployment benefits. The old procedure in these cases, provided that, in case of no response, there existed the rule of silence – consent to forfeit the seat.

Under the new procedure, the employee has two chances: either by filling in the online form with his personal Pin INPS or addressing a patronage, or a union or a bilateral body.

Another answer was given in regard to the effective date of the resignation and the circular stated that “the model to the manifestation of the will to resign; the effective date of termination of the employment relationship will be taken over by a termination notice that the employer must send within five days. ”

The circular also explain the method of completion of the electronic model that will be available on the Ministry of Labour website (www.lavoro.gov.it) and will be used both by the workers, which by parties that the provision identifies as intermediaries to be registered on the “Cliclavoro” portal as “Operators”.

The module consists of 5 sections:

– One relating to the identification data of the worker;

– One relating to the identification data of the employer;

– One relating to the identification data of the employment relationship from which the employee intends to withdraw;

– One relating to the identification data of communication, indicating, in the event of resignation or termination, the effective date thereof;

– One relating to the identification data of the subject as well as enabled to the data released by the system in order to identify the module:

The date of transmission is extremely important because it allows the “system check” the term of 7 days, within the employee can withdraw his resignation. In reference to this, the circular states that the date to be highlighted in point 4 is that directly after the last day of work, which would correspond to the “first day of not working.” So, for example, if an employee decides to resign 15th, in the field concerning the effective date of the resignation, it must indicate day 16.

Once the compilation is complete, the form is sent to the email address (also certified) the employer thus making valid resignation.