There effective date from the resignationgiven that it must be indicated when the application is sent electronically, indicates the first day off work.
There should therefore be no confusion between the date on which the resignation is communicated and the date on which one actually stops working, which can only coincide in the case of immediate resignation, i.e. where there is just cause or for resignations submitted during the period of maternity (for both the mother and the father).
Generally, in fact, several days must pass from when one’s decision to unilaterally terminate the contract is made official to the last day of work. The legislation, detailed by the national collective labor agreements, establishes that the employee has the obligation to observe a notice period for resignation, without which he must take on an economic allowance to be paid to the employer to cope to the damage caused.
On the other hand, once the company becomes aware of the worker’s intentions, it needs a period to identify a replacement, or in any case to reorganize production.
For this reason the Ccnl establishes very precise rules for calculate when the resignation takes effectwhich the worker is obliged to respect if he does not want to take on a disbursement which, depending on the length of the notice, can be very high.
It is therefore important to clarify which date to indicate as the starting date for resignation in order to avoid taking a risk that could be costly.
What is the effective date of resignation
Therefore, the date on which the resignation is communicated should not be confused with its effective date. In the first case the company is informed of the worker’s intention to unilaterally terminate the contract, while only in the second does the employment relationship cease and therefore one is authorized to immediately interrupt the activity.
So, when you fill out the online resignation, remember to indicate how effective date of resignation not the last day of work, but the one immediately following.
For exampleOn February 1st, Tizio communicated his intention to terminate the employment relationship from March 1st, with Tuesday February 28th 2023 as the last day of work. Under the heading “effective date of resignation” must therefore indicate Wednesday 1 March.
How is the effective date of resignation calculated?
It is not only the will of the worker that affects the effective date of the resignation: as the general rule dictates, in fact, with some exceptions, the employee who intends to unilaterally terminate the employment relationship must observe a notice period.
The notice of resignation it is therefore the period that goes from when the communication to the employer is formalized to the actual interruption of the work activity. Period which – it is worth underlining – by law must be worked on: for this reason it is not possible to take advantage of holidays or illness to use the notice, since in this case the terms are suspended and then resumed when you return to work.
The deadline that goes from the communication of the resignation to its effective date varies based on a series of factors: it is the reference collective agreementin fact, to indicate the notice periods, which are wider the more important the role held in the company. For example, longer notice is required for those with a long service seniority, as well as for those with a senior qualification.
For this reason, before indicating the effective date of the resignation it is good to be informed about the duration of the noticeinformation that you can only learn by consulting the collective agreement of the sector in which you are employed.
Also because if the starting date coincides with a day included in the notice period for the worker there would be the obligation to pay the company the compensation for lack of notice, calculated on the basis of the salary that the employee would have received in the event that the remaining period had been worked.
However, let us remember that advance notice is not always necessary: for example, it is not required for resignations for just cause, as well as for those who resign during the period of maternity leave (until the child is one year old). In such cases, therefore, to indicate the last day of work it is not necessary to respect who knows what rules There are no sanctions for immediate resignation.
Can the resignation date coincide with holidays or Sundays?
As mentioned, the effective date is the day immediately following the last day of work, or in any case the last day of the contract. In this regard, nothing prevents us from indicating as the effective date of resignation a holiday, A sunday or at least a non-working day: the only rule to be respected is the one relating to notice, otherwise any day is fine.
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