HOT LABOUR TOPICS – In case of resignation, the company may waive the notice period without recognizing an indemnity in lieu thereof

With ruling no. 27934 of 13 October 2021 (text), the Supreme Court recognized the right of the employer to waive the notice period of the resigning employee, thus without paying the related indemnity in lieu thereof.

Adhering to case law according to which the notice period has a “binding” (and not “real”) nature, the Court allowed the employer – unless the applicable National Collective Labour Agreement (by way of example, we refer to NCLA for Trade Sector) provides a more favourable treatment – to waive the notice period, thus with immediate termination of the employment relationship and without the recognition of an indemnity to the resigning employee.

[For request and insight, please contact giuseppe.matarazzo@galaw.it]