Practical guide

How to draft a termination notice for just cause under Art. 2119 c.c. with AI

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

Termination for just cause (recesso per giusta causa) occurs when a breach is so severe that the employment relationship cannot continue, even temporarily. This guide details how to draft a formal notice while adhering to the principles of immediacy and specificity required by Italian courts.

In brief

A notice of termination for just cause (giusta causa) under Art. 2119 c.c. requires a written statement detailing the specific facts that make the continuation of the employment relationship impossible. The validity of the termination hinges on the principle of immediacy (immediatezza) and the gravity of the breach, which must irreparably damage the bond of trust (vincolo fiduciario). edit.legal assists professionals in structuring the notice to ensure consistency between the factual allegations and the final legal measure.

The steps

1.
Assessment of gravity and cause
Before drafting, evaluate whether the alleged fact is severe enough to prevent the continuation of the relationship even during the notice period (periodo di preavviso). In the case of dismissal (just cause by the employer), the breach must be of such gravity that it does not allow the continuation, even temporary, of the employment relationship. In the case of resignation by the employee, there must be a serious fault by the employer, such as non-payment of wages. edit.legal can help analyze case law to correctly qualify the gravity of the incident.
2.
Adherence to the principle of immediacy
The termination must be communicated promptly from the moment the terminating party became fully aware of the facts. An excessive and unjustified delay (ritardo) may be interpreted as a tacit waiver of the right to terminate or as proof that the event was not severe enough to prevent the continuation of the relationship. edit.legal flags standard timeframes to ensure the notice is not considered late.
3.
Specificity of factual allegations
The termination letter must contain an analytical and precise description of the facts. General formulas such as 'serious misconduct' (gravi inadempienze) are not permitted without specifying the time, place, and nature of the conduct. In disciplinary dismissals, the facts must match exactly those alleged in the preliminary phase under Art. 7 of the Workers' Statute. edit.legal facilitates the drafting of clear and unambiguous factual descriptions.
4.
Express declaration of immediate termination
It is necessary to clearly state that the relationship is terminated with immediate effect, without the obligation of notice. If it is a resignation for just cause, the employee must explicitly request the indemnity in lieu of notice (indennità sostitutiva del preavviso). Clarity of the intent to terminate prevents the act from being reclassified as an ordinary termination. edit.legal suggests the most suitable wording to secure the immediate effectiveness of the measure.
5.
Notification methods and effectiveness
Termination is a receptive act (atto recettizio) taking effect upon receipt. Dismissal (licenziamento) requires notification via PEC or registered mail, subject to applicable protections (Jobs Act vs Art. 18). Conversely, employee resignations (dimissioni), even for just cause, must be submitted exclusively via the ministerial online portal (D.Lgs. 151/2015) to be effective. edit.legal refers to the official source for correct filing.

Legal basis: Art. 2119 c.c.Art. 2118 c.c.Art. 7 L. 300/1970Art. 2 L. 604/1966D.Lgs. 151/2015

Mistakes to avoid

Lack of specificity in the alleged facts, rendering the notice void.
Violation of the principle of immediacy by waiting too long between the event and communication.
Omitting the request for indemnity in lieu of notice in resignations.
Discrepancy between the facts alleged in the disciplinary procedure and those used as the basis for termination.

Frequently asked questions

Is an employee who resigns for just cause entitled to unemployment benefits (NASpI)?

Yes, resignation for just cause (dimissioni per giusta causa) is equated to involuntary unemployment, therefore the employee retains the right to receive NASpI benefits provided by INPS.

Is it mandatory to state the reasons in the resignation letter?

Yes, to qualify the termination under Art. 2119 c.c. and claim the notice indemnity, the reasons must be specified at the same time as the communication.

What happens if the court deems the cause not to be 'just'?

The termination may be reclassified as a dismissal for subjective justified motive (giustificato motivo soggettivo), resulting in the obligation to pay the notice indemnity or other compensatory protections.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 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

—Automated consistency check between the disciplinary charge and the final dismissal letter.
—Verification of specificity requirements based on current judicial standards.
—Generation of standard clauses for requesting indemnity in lieu of notice.