Resignation During the Probationary Period: Mandatory Online Procedure and Cases Requiring Validation
Resignation during the probationary period is one of the most debated topics in employment management. Over the years, legislation, administrative practice, and case law have often moved in different directions, creating uncertainty for both employers and employees.
Recently, however, the Ministry of Labor (Notice No. 14744/2025) and the Court of Cassation (Order No. 24991/2025) clarified several key points. As a result, the framework is now more coherent, particularly regarding the mandatory online procedure and the validation requirement for parents of young children. Moreover, these clarifications help align legislation, administrative practice, and case law. In addition, they provide employers and employees with much greater certainty about the correct procedure.
Resignation During Probationary Period and Mutual Termination: The Mandatory Online Procedure
General Rules
According to Article 26 of Legislative Decree 151/2015 resignations and mutual terminations must be submitted exclusively through the Ministry of Labor’s online platform. The employee may also withdraw the resignation within seven days through the same system. Moreover, this rule aims to prevent blank or involuntary resignations.
The Misinterpretation in Circular No. 12/2016
In the past, Circular No. 12/2016 of the Ministry of Labor introduced an exception: resignations submitted during the probationary period under Article 2096 of the Civil Code were excluded from the requirement to use the online procedure. According to this interpretation, a simple written or ordinary communication would suffice during probation.
However, with Order No. 24991/2025, the Court of Cassation ruled this exclusion unlawful. In fact, a ministerial circular cannot limit or override statutory provisions. As a result, resignations during the probationary period must also be submitted online.
Following the Court’s decision, the Ministry of Labor confirmed this interpretation, referring to Article 12, paragraph 1, of the Provisions on the Law in General, which requires a literal reading of the law unless the legislator’s intention clearly indicates otherwise.
When applying the law, no meaning can be attributed to it other than that made clear by the proper meaning of the words according to their connection and by the intention of the legislator.
Art. 12, para. 1, Provisions on the Law in General
Employees Who Are Parents
Article 55 of Legislative Decree 151/2001 establishes enhanced protection for pregnant employees and for workers with children under three years of age. In these cases, resignations and mutual terminations must be validated by the Territorial Labor Inspectorate (ITL). Without validation, the resignation is considered ineffective.
Validation Required Even During the Probationary Period
The Ministry has clarified that the validation requirement applies even when resignation occurs during the probationary period. This is because the early phase of an employment relationship is particularly vulnerable, and a resignation may hide pressure or discriminatory behaviour. The Court of Cassation highlighted this risk in a previous ruling, noting that a resignation induced by the employer may in fact conceal a discriminatory and therefore void dismissal.
Resignations submitted during the protected period may be induced by the employer and mask a dismissal based on discriminatory grounds, which is always null and void, even during the probationary period
Practical Implications for Employers and HR
The latest ministerial and judicial clarifications make two points unequivocal:
- Resignations during probation must always be submitted via the online platform
- If the employee is a parent of a child under three or a pregnant worker, the resignation must also be validated by the ITL
Consequently, employers and HR managers should ensure careful administrative handling of all resignations, particularly those involving protected workers.