Goodbye to blank resignations. On January 11, the ministerial decree approved on December 15 was published in the Official Gazette, which applies the provisions of the Jobs act on the simplification of employment relationships.
The provision has been in force since January 12, but will become operational in two months and more precisely on March 12, the date from which "electronic resignations" will become mandatory.
Online resignations: how do they work?
The reference model is contained in Annex A of the aforementioned ministerial decree, but will be available on the Cliclavoro portal, subject to registration.
The aim is to overcome the practice of blank resignations, through which employers force the employee to sign an undated resignation sheet, often at the same time as hiring, in order to be able to use it most opportune moment. An incorrect system whose first victims are female workers, often forced to resign in case of maternity leave.
With the new procedure it will no longer be possible to pre-package blank resignations given that the digital format has a certain date, impossible to alter. Each module is in fact equipped with an identification code and a transmission date.
Online resignation: how to fill in the form
Compiling the model has been made voluntarily simple. The information to be entered is as follows:
– personal details of the worker and employer,
– start date of the relationship,
– applied contract,
– type of communication (resignation, termination, revocation)
- effective date.
Once completed, the form must be sent to the employer's PEC box. The resignation may be revoked by the worker no later than seven days from the date of submission.
Online resignation: sanctions
On the basis of the provisions of the implementing decree of the Jobs Act, employers who, following the control carried out by the Territorial Labor Directorate, are accused of having altered the resignation forms will be subject to very heavy pecuniary sanctions. In detail, a variable fine of between 5 and 30 euros is expected.
Online resignation: exemptions
The new legislation in force since 12 January and operational since 12 March will not apply to domestic work, resignations and consensual resolutions formalized in a protected office. Lastly, the provision will not concern the resignation of pregnant workers or in the first three years of the child's life, which will instead have to be validated by the Ministry of Labour.
