ITL Communication in Case of Termination Due to Unjustified Absence
Article 19, Law 203/2024, titled “Provisions on Employment” (commonly known as Collegato Lavoro), integrates the provisions of Article 26 of Legislative Decree 151/2015 concerning “Voluntary Resignations and Mutual Termination Agreements.”
The law stipulates that employees wishing to resign must strictly follow the procedure outlined in the aforementioned article, using the IT systems provided by the Ministry of Labor to formalize their resignation. If this procedure is not followed, the resignation is considered invalid.
A significant change introduced by the new paragraph 7-bis mandates that if an employee’s unjustified absence exceeds the time limit established by the applicable National Collective Labor Agreement (CCNL), or in the absence of such provisions, surpasses 15 days, the employer is required to notify the local ITL office. This office may then verify the accuracy of the information provided. In such cases, the employment relationship is deemed terminated at the employee’s initiative, and they are not eligible for NASpI (unemployment benefits), even though this benefit would typically apply in cases of disciplinary dismissal.
Exemptions and Operational Guidelines
The new rules do not apply if the employee can prove that a force majeure event or an action attributable to the employer prevented them from justifying their absence.
With Note No. 579/2025, the ITL provided initial operational guidelines following Note No. 9740 (December 30, 2024) and made available a standardized communication form to streamline compliance for employers.
Key Employer Obligations and Procedures
- Notification Requirement: Employers must inform the local ITL office (determined based on the worksite location) of unjustified employee absences only if they intend to treat the absence as grounds for termination.
- Verification: Before making the communication, employers must confirm that the absence exceeds the period specified by the relevant collective agreement or, in its absence, a minimum of 15 days.
- Communication Details: Notifications, preferably sent via certified email (PEC), should include all available information about the employee, including contact details such as telephone numbers and email addresses.
ITL’s Role and Deadlines
Upon receiving the employer’s communication, the ITL may contact the employee or other personnel to verify whether the employee truly failed to return to work or was unable to communicate the reasons for their absence. Any checks must be conducted promptly and concluded within 30 days of receiving the employer’s notice.
If the ITL determines that the absence was unjustified and the worker failed to prove the impossibility of communication, the employment relationship will be considered terminated.
Exceptions to Automatic Termination
The termination effect can be avoided if the employee demonstrates:
- Force majeure circumstances (e.g., hospitalization) that prevented communication.
- Proof that they had attempted to communicate the reasons for their absence.
If the ITL verifies that the employer’s communication was inaccurate, it will notify both the employer and the employee, possibly reinstating the employment relationship if the Unilav model has already been submitted by the employer.
In cases where the ITL finds the absence unjustified, the employment relationship remains terminated. However, the employee may claim that the absence was due to just cause (e.g., non-payment of wages), which could affect their entitlement to certain rights.
