I’m working but I want to quit my job. Is it possible?
That depends on the type of contract you have.
If your contract is determinato, so a fixed-term contract, you generally cannot quit before the end of the contract.
If your contract is indeterminato so a permanent contract, you can resign, but you must respect the pre notice period.
I have a determinato contract. Why can’t I leave my job?
According to the law, if you have a fixed-term contract, you can resign only for serious reasons (giusta causa) or during your trial period.
Unless your contract allows you to quit before the end of it.
If you quit before the contract expires without a valid reason, the company can request compensation.
What kind of compensation?
The company can ask you to pay an amount equal to the salary you would have earned until the end of the contract, and possibly more, depending on the circumstances.
What are considered serious reasons for quitting?
There are only a few valid reasons:
- The company is not paying your salary
- Workplace safety violations
- Abuse or discriminatory behaviours by colleagues or the employer
- Demotion or worsening of your working conditions
I have an indeterminato contract. What is the pre notice period?
According to your CCNL if you want to resign, you must give notice. This means that after you inform your employer, you must continue working until the pre notice period ends.
How long is the pre notice period?
It depends on your CCNL and your job level. It can range from two weeks to 45 days, two months, or even longer.
What if I don’t want to work during the pre notice period?
In that case, the situation is similar to resigning from a fixed-term contract early, the company can request compensation for the missed notice period.
Is there anything else I should keep in mind?
Yes. In both cases determinato or indeterminato, if you voluntarily resign, you are not entitled to unemployment benefits (NASpI).
What about the TFR?
That’s not a problem. You are always entitled to receive your TFR when you leave, even if you resign.
How can I formally communicate my resignation?
The process must be completed online through the ClicLavoro website.
What do I have to do on the website?
You need to fill out an online form with all your personal details, your employer’s information, and the date you intend to leave.
Once you submit the form, it will be automatically sent to your employer as well.
Is that the only way to do it?
Yes, submitting the form online is mandatory.
I don’t have SPID or CIE, so I can’t log in. What can I do?
In that case, you can go to a Patronato or a CAF office, where they can submit the resignation for you.
Do I need to do this if I work with a partita IVA (as a freelancer)?
No. If you work as a freelancer with a partita IVA, you are not an employee, so you don’t have to go through this procedure.