New laws and regulation
New employment law provisions with the new 2026 Budget Law
On 27 October 2025, the Italian government approved the first draft of the 2026 Budget Law. Among the new provisions, the following are worth noting:
- Parental leave: Parents will be entitled to take parental leave until their child reaches the age of 14 (the previous age limit of 12 will no longer apply).
- Time off to care for a child: Each parent, on an alternating basis, will be entitled to take up to 10 working days (instead of five days) off per year to care for a child aged between three and 14 years. The previous age limit of eight years old will no longer apply
Case law developments
Employee resignations during the period protected by law must be validated before the labor authority even if submitted during the probationary period
The Italian Ministry of Labor has clarified that resignations submitted by a pregnant employee or by a parent within the first three years of the child's life must be validated before the labor authority, even if submitted during the probationary period. This interpretation aligns with the need to ensure the authenticity of the employee's decision during a period of particular vulnerability.
The timeliness of disciplinary charges must be assessed in a flexible way
According to Italian case law, in order for a disciplinary proceeding to be valid (and consequently, for the relevant disciplinary sanctions to be lawful), an employer must charge the employee with the disciplinary complaints in a timely manner. A delay in issuing the disciplinary charge to the employee may invalidate the disciplinary proceedings to the extent that the delay hinders the employee's right to a proper defense.
The Supreme Court confirmed that, to determine whether a disciplinary proceeding is timely or not, reference must be made to the moment when the employer acquired real and complete knowledge of the facts to be held against the employee, rather than when they actually occurred.
The dismissal must be served to the employee in writing
Under Italian law, a dismissal is only valid if it is communicated to the employee in writing and signed by the employer. In a recent ruling, a local labor court declared a dismissal ineffective as the termination notice was sent to the employee via email without the employer's signature. The absence of any signature from the employer was deemed to have violated the formal written requirement mentioned above, thereby rendering the dismissal ineffective.
