
On January 12, 2025, Law No. 203/2024, commonly referred to as the “Collegato Lavoro,” entered into force. Il Giornale d’Italia sought the opinion of Attorney Mario Cammarata from the Trifirò & Partners law firm on the most significant innovation introduced by the legislation.
“In my opinion, the most salient innovation is the introduction into our legal system of the provision that considers an employee’s unjustified absence as tantamount to resignation by conclusive acts. Before this provision was introduced, it was common for employees, instead of formally resigning, to simply ‘disappear’ from the workplace without any further communication. This effectively forced the employer to initiate disciplinary proceedings, which would ultimately lead to dismissal—either for just cause or justified reason, depending on the applicable collective agreement.
This practice allowed employees, first and foremost, to access NASpI (unemployment benefits), which they would not have been entitled to had they resigned voluntarily. Additionally, it relieved them of the obligation to provide the contractually required notice period. In cases where the collective agreement stipulated that a disciplinary dismissal was based on subjective justified reason rather than just cause, employees could even receive a severance indemnity from the employer. Finally, the employer was compelled to pay the NASpI contribution, suffering not only financial loss but also an additional burden.”