Preavviso

Resignation without notice, when it is possible and what are the risks

Resigning without worrying about the notice period is very risky for the employee as they may have to forgo part of their salary.
Except for some cases in which one can resign without notice, most of the time the early termination of the contract involves the payment of the compensation in lieu of notice, which is deducted directly from the final salary.
The amount is equal to the salary that would have been received if the notice had been worked.
A sort of compensation for the company.
On the other hand, the notice period is created precisely to protect the employer, so that he can have sufficient time to replace the resigning employee or in any case to review the company reorganization.
If you do not want to risk having to pay the employer a sum which, depending on the case, may even exceed the amount of the monthly salary, you must therefore find out what the notice period is, which is indicated in the relevant collective agreement and varies based on seniority and level of employment, as well as when it is not required.
In this regard, here is a guide that starts from this point, listing the cases in which those who do not show up for work from the day after the resignation was communicated risk nothing.
Resignation on the spot: when it is possible It is generally possible to resign without notice in all cases where there is just cause.
In detail, there is just cause where there has been a serious breach on the part of the employer that prevents the continuation of the employment relationship even for just another day, the employee is authorized to resign immediately, without showing up for work the next day.
In this case, in addition to not risking having to pay the compensation for lack of notice, the employee does not even lose the right to Naspi.
It is possible to resign immediately during the period of maternity leave, i.e.
from the moment you became aware of the pregnancy until the child turns 1.
Notice is not mandatory even in the presence of collective redundancy agreements, or in the case of resignations encouraged by the company.
Failure to give notice is also authorized in the case of resignations submitted during the probationary period, when both the employer and the employee have the opportunity to evaluate whether the conditions exist for continuing with the employment relationship.
Should this not be the case, both parties may immediately terminate the trial period, without any obligation to give notice.
What does the employee risk if he does not respect the notice? Except in the aforementioned cases, communicating his resignation with plenty of notice is mandatory.
The notice was introduced to protect the employer in the event of the resignation of his employee.
Unlike dismissal, in fact, resignation can be submitted without necessarily having to justify it and this is why the employee can choose to terminate the employment relationship at any time.
To limit the damage caused by the loss of an employee, however, the law recognizes a certain period of time in which the company can select and train a replacement, without losing the work contribution provided by the person who resigned.
This period is precisely the notice period, during which the employee must continue to work with all the rights and duties that derive from it.
Given what has just been said, the employee cannot make up for outstanding holidays to circumvent the notice period, which is also suspended in the event of illness or injury.
The notice, therefore, must always be worked.
For this reason, in the event of failure to comply with the notice, the company is entitled to financial compensation for the damage received, which will be paid by the employee himself.
In detail, if the worker resigns without due notice, he will have a deduction from his last paycheck for an amount equal to the replacement allowance calculated based on the days of notice.
In this regard, it is important to remember that if the employee communicates his intention not to comply with the notice at the time of notification of resignation, he will not be able to revoke his decision; in fact, the notice is immediately considered not respected and the salary is automatically deducted equal to the amount of remuneration that would have been due during the notice period not worked.
However, there is the possibility of making agreements.
For example, if the new employer asks you to resign without notice so as to start working immediately, you can sign an agreement to personally take charge of the compensation due to the old company.
How much do you pay for missing notice? As anticipated, the compensation for lack of notice is equal to the salary potentially due to the worker if the notice period had been worked.
In this regard, for the purposes of determining the amount of this allowance, it is necessary to consider all remunerative elements of a continuous nature, as well as those relating to food and accommodation.
In the case of atypical salaries, such as those composed mostly of variable elements – think for example of those who earn especially thanks to commissions – the amount of the allowance is calculated on the average of the emoluments received in the last three years of service, or in any case during the shortest period of service provided (for example in the last two years for those who only started working then).
Furthermore, when quantifying the compensation for lack of notice, any thirteenth and fourteenth installments are also taken into account.
To understand how much you will have to pay the employer in the event of lack of notice, you must therefore be aware of two pieces of information: the amount of salary usually received; the notice period indicated in your employment contract.
At this point it will be simple, by multiplying the daily salary (which you can obtain from the monthly one) by the number of days of notice due based on your qualification and the time of employment, to understand what the amount of the compensation is due to the employer.
work, which may directly withhold the responsibilities due to the termination of the employment relationship.

Author: A.W.M.

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