Labor Bill 2024: New Rules on Fixed-Term Contracts and Resignations

1. The fact

   The 2024 Labor Bill represents a potential turning point in the regulation of employment flexibility and termination. As reported by Il Sole 24 Ore, the measure passed its first vote in the Chamber of Deputies on October 9, 2024, before continuing its legislative path. The reform aims to counter the practice of employees who absent themselves without justification in order to trigger a disciplinary dismissal and claim unemployment benefits. Ipsoa highlighted how Article 28 of the Bill modifies the rules on contractual grounds, allowing collective bargaining agreements to define the conditions for renewing fixed-term contracts beyond twelve months. Lavorosì emphasized the strict nature of the rule on resignations, which transforms the employee's breach of duty into a presumption of intent to resign, thereby barring entitlement to NASpI. The issue fits into the broader context of reforming protections against so-called blank resignations, seeking a balance between employee protection and employer legal certainty. Other aspects of the matter, strictly concerning compensation for the abuse of fixed-term contracts in Public Administration, are examined in dedicated articles within this column.

2. 

   The norms at play

   The core legal framework of the reform centers on the amendment to Article 19 of Legislative Decree No. 81/2015 and the introduction of paragraph 7-bis to Article 26 of Legislative Decree No. 151/2015.

   1. The first provision expands the scope for collective bargaining to identify technical, organizational, or production grounds for extensions and renewals beyond twelve months, with a transitional regime allowing individual contracting parties to agree upon such reasons exclusively until December 31, 2025.
   2. The second provision establishes that, after five days of unjustified absence (or any longer term set by collective agreements), the employment relationship is deemed terminated by voluntary resignation. The direct consequence is the exclusion of entitlement to NASpI, as the termination is no longer classified as involuntary unemployment, while also exempting the employer from paying the dismissal contribution fee.

3. What the case law says

   Supreme Court case law has long established that grounds for fixed-term contracts must be specific and verifiable, under penalty of converting the relationship into a permanent contract. Prior to the 2024 reform, courts categorized unjustified absence as a severe breach of contract, while holding that the employer was required to initiate disciplinary proceedings to effect a valid dismissal. Settled case law rejected the view that mere silence or absence could amount to resignation, absent a clear declaration made through the required ministerial online portal. The new provision reverses this framework by introducing a legal presumption that shifts the burden of proof to the employee, who must prove any event of force majeure or fortuitous event that prevented communication of the hindrance. It remains an established principle that overly generic clauses in individual contracts, lacking collective bargaining endorsement, result in the nullity of the fixed-term clause.

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8. What it teaches professionals

   1. Rigorously verify the formal notification procedures regarding absences and document all contact attempts made to the employee prior to applying the presumption of resignation.
   2. Carefully monitor the deadline for individual bargaining derogations regarding grounds in fixed-term contracts, avoiding standardized clauses beyond the transitional period.
   3. Clearly advise employers that while activating the presumed resignation procedure waives liability for the dismissal contribution fee, it carries the risk of legal challenges based on alleged force majeure.

References: Articolo 19, D.Lgs. 81/2015Articolo 26, D.Lgs. 151/2015DDL Lavoro 2024

Editorial oversight: Avv. Federico Papa·ICAMUpdated 31 October 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