Should You Inform Your Employer About Changing Your Address?

Why is it important to inform the employer about a change of address?

Changing residence implies the need to inform the employer about the new address.
This obligation is triggered by various reasons that make it crucial for the company to have updated personal data of each employee.
The obligation for the worker to communicate the new home address to the employer has been clarified by the Court of Cassation through different rulings.
Let’s see why knowing the residential address is important in the relationship between worker and employer and why any change should be promptly reported.

The importance of residency in employment relationships

First and foremost, it’s essential to underline that the residential address of an employee is necessary for the signing of the employment contract.
Among the required details are not only company data (from the company name to the VAT number, up to the legal address) but also personal data of the employee (such as date of birth, fiscal code, and residence).
These details are not random: each information stated in the contract is crucial for its execution.
But why is the worker’s residence so important? It can be vital due to different reasons, such as:
– Sending communications to the employee when direct contact is not possible (e.g., warning letters, which if not delivered by hand, must be sent via registered mail with acknowledgment of receipt, or even by certified email, although it’s not mandatory for the worker to have it).
– Having an indication of where to undergo medical checks during tax inspections in case of illness, even if the worker can indicate a different address in the medical certificate.
Additionally, regional and municipal additional taxes, deducted from the payslip by the employer as a tax substitute, depend on the employee’s residential address, not the company’s legal address.
Therefore, a part of the income taxes due on the payslip is also influenced by the new residence, while any differences can be settled – or recovered – in the income tax return.
However, if the change of residence occurs during the year, the municipal income tax addition and possibly the regional one would be updated only from the following January 1st.

Consequences of not informing the employer of a change of address

Based on the above, it is always recommended to notify the company of a change of residence.
However, in some cases, it is also obligatory as expressly provided by the applicable collective agreement.
Failing to communicate the new address leads to several consequences, such as:
– According to the Court of Cassation ruling n.
22295/2017, if the worker does not inform the employer of a change of address, all communications sent to the old address still hold legal value.
Moreover, as per another Cassation ruling n.
15891/2018, since communications sent to the old address are considered received, the deadlines to potentially challenge the employer’s decisions start running.
For instance, think of the notice of dismissal, where there is a 60-day period to challenge it.
– Furthermore, failing to fulfill the contractual obligation of communicating the new address may result in disciplinary action by the employer, which must be proportionate to the severity of the situation.
Although it’s unlikely to lead to dismissal, a written reprimand or even a fine could be issued.