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📜 The Regulation of Online Resignations under Article 26 of Legislative Decree 151/2015
Since March 12, 2016, Article 26 of Legislative Decree 151/2015 has introduced specific formal requirements for the validity of resignations and their withdrawal.
Resignations must be submitted exclusively through an online procedure using forms provided by the Ministry of Labour and transmitted to both the employer and the competent Territorial Labour Office (DTL).
Within seven days of submitting the form, the employee has the option to withdraw the resignation, using the same online procedure.
It is important to note that this regulation, while imposing formal requirements, does not change the nature of resignations and withdrawals as unilateral acts requiring notification: they must be received by the employer to be effective.
⚖️ The Court of Appeal of Naples Ruling No. 1136/2025
A recent decision by the Court of Appeal of Naples (ruling of March 24, 2025, No. 1136) reaffirmed a key principle: the burden of proof for the effective withdrawal of a resignation rests on the employee.
🔍 The Case
An employee had submitted his online resignation for just cause and later, on the same day, withdrew it using the same telematic system.
Subsequently, the employee filed a lawsuit, contesting an alleged oral dismissal and seeking reinstatement.
The employer, appearing in court, denied the existence of any oral dismissal and stated that they had only received the resignation but never the withdrawal.
The Labour Court dismissed the employee’s claim, emphasizing the lack of proof of withdrawal. The employee then appealed the decision.
🏛️ The Burden of Proof for the Withdrawal of Resignation
The Court of Appeal of Naples dismissed the appeal, establishing that:
- The employee had failed to prove the existence of an oral dismissal by the employer.
- The employment relationship had validly ended due to the resignation duly received by the employer.
- The withdrawal was ineffective due to failure to complete the notification procedure to the employer.
📩 Why is the Withdrawal of Resignation Ineffective without Notification?
As provided by Article 26 of Legislative Decree 151/2015 and Ministerial Decree of December 15, 2015, employees must send the withdrawal form also to the employer.
If the employer disputes having received the withdrawal, it is up to the employee to prove the notification, typically by providing PEC (certified email) evidence.
In this case, the employee failed to produce any proof of sending the withdrawal, both at first instance and on appeal.
🏁 Conclusions
The online resignation procedure requires strict compliance with the formalities set out by the law.
In case of disputes over the receipt of the withdrawal, the employee must prove that the notification was correctly completed.
Without such proof, the resignation remains fully effective, and the employment relationship is deemed validly terminated.
This decision underscores the importance of proper documentation of communications in the employment relationship and highlights the necessity of adhering to all procedural requirements imposed by law.
