Order No. 11236 of 2024: The Nullity of Resignations in Case of Marriage

Recently, the Court of Cassation issued order no. 11236 on April 26, 2024, which provides important clarifications on the issue of resignations by female workers during the marriage period. This decision is part of an already established regulatory framework set by Legislative Decree No. 198 of 2006, particularly Article 35, paragraph 4, which outlines the procedures to follow in case of resignations during a sensitive period for the female worker.

The Regulatory Context

Legislative Decree No. 198 of 2006, also known as the Code of Equal Opportunities, is a fundamental regulatory text for ensuring rights and protections for female workers. Article 35, paragraph 4, establishes that resignations submitted by a female worker between the request for marriage publications and one year after the celebration, if not confirmed within a month at the provincial labor directorate, are null and void. This principle was reiterated by the Court of Cassation in the order under review.

The Ruling's Principle

Female worker - Period referred to in Article 35, paragraph 4, of Legislative Decree No. 198 of 2006 - Resignation - Lack of confirmation before the provincial labor directorate - Nullity - Existence - Party interested or burdened with confirmation - Reasons for lack of confirmation - Irrelevance. Resignations by the female worker that occur during the period between the day of the request for marriage publications and one year from its celebration, if not confirmed within a month before the provincial labor directorate, are null and void pursuant to Article 35, paragraph 4, of Legislative Decree No. 198 of 2006, regardless of the identification of the party interested in the confirmation or the burden of the same and the reasons for the inertia.

This principle highlights the importance of confirming resignations, which must occur within a month of submission. The Court clarified that the nullity of the resignations does not depend on the reasons for the delay or the party that should have confirmed them, thus placing a strong emphasis on the protection of female workers' rights.

Practical Implications of the Ruling

  • Female workers must be aware of the necessity to confirm resignations within the established deadline.
  • Companies must ensure proper information regarding the resignation and confirmation procedures.
  • Competent authorities must supervise to ensure that female workers are protected during the transition period related to marriage.

This order not only strengthens the existing regulations but also emphasizes the importance of adequate information and training for all stakeholders involved. It is essential that female workers are informed of their rights and the necessary procedures to avoid issues related to the validity of their resignations.

Conclusions

In conclusion, order no. 11236 of 2024 represents an important step forward in protecting the rights of female workers in a delicate context such as marriage. The nullity of resignations in the absence of confirmation within the established deadline is a fundamental guarantee that must be respected by all parties involved. It is essential that the legal system continues to protect the rights of female workers, ensuring a balance between work and personal life.

Bianucci Law Firm