Practical guide

How to draft a notice of withdrawal under Art. 2118 c.c. with AI

3 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

The withdrawal (recesso) from an open-ended contract, regulated by Art. 2118 of the Italian Civil Code, is a unilateral act that terminates the employment relationship. Proper drafting requires precise calculation of the notice period (preavviso) to avoid the obligation to pay an indemnity in lieu of notice.

In brief

Article 2118 c.c. provides that either party may terminate an open-ended contract by giving notice within the terms established by collective agreements (CCNL) or custom. The communication must be in writing, clearly stating the effective date and the final working day. Although electronic resignation (dimissioni telematiche) is now mandatory for employees, the written notice remains the primary tool for formalizing agreements and calculating severance payments. edit.legal assists professionals in ensuring the text aligns with current statutory requirements.

The steps

1.
Verification of withdrawal rights and notice periods
Before drafting, you must consult the applicable National Collective Labour Agreement (CCNL). Art. 2118 c.c. refers to collective bargaining or local customs to determine the notice period (preavviso). You must calculate the calendar or working days required based on seniority and professional level. edit.legal helps identify the relevant clause in the applicable contract, reducing the risk of errors in calculating terms that could trigger the obligation to pay an indemnity in lieu of notice (indennità sostitutiva).
2.
Formal identification of parties and relationship
The document must contain the full identification details of both the party withdrawing and the recipient. It is essential to specify the contract being terminated and the original hiring date. As a unilateral act (atto recettizio) under Art. 1334 c.c., its effectiveness depends on the recipient's knowledge. edit.legal automates the insertion of corporate and employee data, ensuring the header structure complies with professional standards for formal notification.
3.
Determining the termination date
The core content is the expression of the will to withdraw and the precise indication of the last day of the relationship. Pay attention to the start date: many CCNLs stipulate that notice begins on the 1st or 16th of the month. edit.legal can suggest the correct wording to indicate that the withdrawal respects contractual terms, avoiding ambiguity regarding the date the employment relationship will be considered officially concluded for social security and tax purposes.
4.
Handling indemnity in lieu and holidays
If you intend to waive the notice period or if the withdrawal is immediate, the indemnity in lieu (indennità sostitutiva) under Art. 2118, paragraph 2, c.c. must be mentioned. It is also useful to specify the treatment of accrued holidays (ferie) and leave days, noting that taking holidays suspends the notice period unless otherwise agreed. edit.legal allows for the insertion of specific clauses for the mutual waiver of notice or the monetization of accrued benefits in a clear and legally robust manner.
5.
Choosing the method of transmission and proof
To guarantee certainty of date and receipt, the letter should be sent via registered mail with return receipt (raccomandata A/R) or via Certified Email (PEC). Under Art. 1335 c.c., the communication is presumed known when it reaches the recipient's address. edit.legal generates a reminder on delivery methods and stores digital drafts, facilitating the legal tracking necessary in case of future disputes regarding the timeliness of the withdrawal.

Legal basis: Art. 2118 c.c.Art. 2119 c.c.Art. 1334 c.c.Art. 1335 c.c.D.Lgs. 151/2015

Mistakes to avoid

Incorrect calculation of terms based on calendar days instead of working days as defined by the CCNL.
Failure to account for the suspension of notice in the event of subsequent sickness or holidays.
Specifying a termination date that ignores fixed start dates (1st or 16th of the month) common in many contracts.
Omitting the clause regarding indemnity in lieu when withdrawing with immediate effect.
Using non-traceable delivery methods or those without legal value, such as standard priority mail.

Frequently asked questions

What happens if the notice period is not respected?

The party withdrawing without giving notice is required to pay the other an indemnity equivalent to the salary that would have been earned during the notice period, according to Art. 2118 c.c.

Can holidays coincide with the notice period?

No, by law, holidays cannot be taken during the notice period. If the employee takes holidays, the notice period is suspended and resumes upon their return, unless the parties agree otherwise in writing.

Does withdrawal under Art. 2118 c.c. require a justification?

In an 'ad nutum' (ordinary) withdrawal, no specific justification is required, provided notice is given. However, for employer dismissals, restrictions regarding just cause (giusta causa) or justified motive (giustificato motivo) still apply.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 18 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Automatic analysis of the CCNL to identify the exact notice days required.
—Generation of customized clauses for notice waiver or early termination.
—Verification of text compliance with formal requirements for unilateral acts (atti recettizi).
—Drafting suggestions for handling remaining holidays during the notice period.