Withdrawal of Resignation by Working Parents During the Protected Period: Clarifications from the Italian Labor Inspectorate

Resignation by Working Parents During the Protected Period: INL Note No. 862/2024

The withdrawal of resignation in Italy by working parents during the so-called protected period has recently been clarified by the Italian Labor Inspectorate (INL) through Note No. 862/2024. These resignations may later require validation under Article 55, paragraph 4, of Legislative Decree No. 151/2001. The clarification mainly concerns employees who are parents of children under the age of three, aiming to ensure that any resignation truly reflects a free and genuine decision by the worker.

Legal Gap and Rules on Online Resignations

The current Legislative Decree does not explicitly regulate the withdrawal of resignations submitted during the protected period. Nor does it extend the provisions that apply to online (telematic) resignations outside that period. In particular, Article 26 of Legislative Decree No. 151/2015 provides that:

Outside the cases referred to in Article 55, paragraph 4, of Legislative Decree 151/2001, termination or resignation—under penalty of nullity—must be submitted exclusively through online procedures. Within seven days from submission, the employee may withdraw the resignation.

Article 26 of Legislative Decree No. 151/2015

However, this rule does not apply to resignations presented during the protected period by working parents.

Validation, Conditional Effectiveness, and Timing of Withdrawal of Resignation in Italy

In its Note, the INL reiterates that a resignation is a unilateral act, effective only once received by the employer—but in this particular context, its effectiveness is suspended until a formal validation (convalidation) is issued by the local Labor Inspectorate. This means that the resignation becomes effective only after the competent authority confirms its validity. For this reason, there is no legal obstacle to withdrawing a resignation:

• Before it becomes effective, that is, before validation by the Inspectorate, or
• After validation but before the effective termination date, meaning before the employment relationship is officially ended.

It should also be noted that under Article 55, paragraph 1, of the Consolidated Act on Public Employment (TUPI), when the child is under one year of age, the resigning parent is not required to give notice, meaning the resignation may take immediate effect.

That said, any withdrawal request must still be reviewed by the competent Inspectorate, which will assess the authenticity of the reasons provided.
If necessary, the Inspectorate may revoke the previous validation and take further steps to safeguard the worker in cases of potential discrimination or unlawful conduct by the employer (see INL Notes Nos. 5296 and 5534 of 2019).

When the Withdrawal of Resignation in Italy Is No Longer Possible

Once the resignation has been validated and the employment relationship has already ended, the resignation can no longer be unilaterally withdrawn.

In such cases, the employment relationship can only be reinstated with the employer’s explicit consent.