FThe Supreme Court of Cassation has ruled that the provisions of Article 26 of Legislative Decree No. 151/2015 provide for specific cases of irrevocable resignation, which does not include probationary agreements.F
During his probationary period, an employee of a metalworking company resigned, which he revoked shortly thereafter. The employer, believing, in accordance with the ministerial circular, that resignations submitted during the probationary period are irrevocable, deemed the employment relationship definitively terminated.
The Court of Pescara, granting the employee's request, ordered the reinstatement of the employment relationship, a decision also upheld by the Court of Appeal of L'Aquila.
The Court, agreeing with the first-instance judge, dismissed the company's appeal, stating that Article 26 of Legislative Decree No. 151/2015 expressly excludes its applicability only to domestic work, resignations in protected locations, and relationships with public administrations, without mentioning the probationary period.
The Court of Cassation, with ruling No. 24991 of September 11, 2025, holding that the purpose of the provision is to guarantee the authenticity of the worker's expression of intent and to combat the phenomenon of "blank resignations," established that the only exceptions are to be found in the specific cases expressly provided for.
The Supreme Court, departing from Circular No. 12 of the Ministry of Labor and Social Policies of March 4, 2016, held that the provision excluding the probationary period introduces a derogation not provided for by the primary provision and incapable of application beyond the limits established therein.
Attorney Nicoletta Di Lolli