Although in extremely late, with the circular dated 4 March, the Ministry of Labour has provided the necessary operational instructions to the Ministerial Decree of January 21, 2008, which made the rules effective on the resignation contained in Act 188 / 07. Interestingly, on the subject have taken place in a few months many changes. Let examples. Law 188/07 provided for the use of paper forms, while the inter-ministerial decree provided for the exclusive use of computerized forms. Issued in the form annexed to the decree was amended after just one week. The decree provided that the module could then be sent by the worker or by an authorized person, instead of the circular has clarified that on March 4 to submit the form are only authorized persons. It is the latter which is the most important innovation of the ministerial circular, released a few hours before the entry into force of new rules on the resignation certified.
Based on the information ministry, therefore, the procedure for workers who want to step down as follows: must be present at the facilities of one of the qualified entities (which now are the regional and provincial directorates of the work, the Centers for the use and common) and there complete and submit the model MDV.
On its website the Ministry of Labour has available to users a page dedicated to voluntary departure (www.lavoro.gov.it / MDV), which provides for the division between citizens and intermediaries subject: the first is only allowed to pre-populate the form (to speed up the practice), but the latter will is allowed to send.
The circular also clarifies other things. For example, states that the rules on voluntary resignation should not apply to the following hypothesis:
- consensual resolution of bilateral agreements;
- resignation of the worker during the probationary period;
- dismissal for just cause;
- resignation of maritime labor relations;
- resignation of directors of society.
From the perspective of the recipients of the new rules, the circular lists the types of employers and those of workers. For employers it means private employers, public administrations and public bodies, associations, non-profit organization, the operators of the profession and cooperative societies.
for workers means employees (workers, employees, managers and executives), the project workers, casual employees, holders of "mini-term employment contract, the joint venture with contribution of all work and working members of cooperatives.
Compared to the critical point of the legislation, namely the possibility of worker who resign without the required form and become untraceable, it was hoped that the move would provide a solution. So it was not. Therefore, if an employee to resign without delivering the MDV and the next day you do not attend work, the employer may act in two ways:
- treat the worker still in service and open its to disciplinary proceedings that ends with the dismissal
- resolved to consider the employment relationship for conclusive facts (very hard to prove).
further questions not yet resolved concern the section 4 (both fields) and section 2 (because it pertains only to the employer e non anche al committente?).
