SERVICES
Resignations
Implied resignations: no NASpI entitlement where termination is attributable to the employee
INPS
INPS provided clarification on the effects of so-called implied resignations introduced by Article 19 of Law No. 203/2024. Under the new rules, the employer may consider the employment relationship terminated when the employee is unjustifiably absent for a period exceeding that provided for by the applicable collective agreement — or, in its absence, more than fifteen days — after notifying the National Labour Inspectorate. In such cases, termination is deemed to occur at the employee’s initiative and therefore does not give rise to entitlement to NASpI unemployment benefits, as the requirement of involuntary termination is lacking.
INPS specified, however, that activation of this procedure is not mandatory: the employer may alternatively initiate disciplinary proceedings leading to dismissal, in which case the employee retains the possibility of accessing NASpI, provided the other statutory requirements are met. It was also clarified that if the employee subsequently submits a resignation for just cause through the electronic procedure, this will prevail over termination by implied resignation and will allow access to the benefit, provided that the existence of just cause is proven in accordance with established administrative practice.
With the new code “FC – implied resignations”, in force as of 29 January 2025, employers may report such terminations on the UniLav portal, resulting — unless overridden by subsequent resignations for just cause — in exclusion from NASpI entitlement.