preavviso

Preavviso, in labor law, refers to the notice period required before the termination of an employment relationship. It is governed by national law and by applicable collective bargaining agreements (CCNLs) and serves to protect both sides by providing time to adjust and make alternative arrangements. The obligation to observe a preavviso generally falls on the party initiating the termination: the employer when dismissing an employee, and the employee when resigning. In some cases, both parties’ notices may be required in sequence.

The duration of the preavviso is not fixed by law alone; it depends on the type of contract, the employee’s seniority or level, and the applicable CCNL. Consequently, the length can vary widely. Some agreements provide longer periods for higher positions or longer service. If the notice is not completed, the non-defaulting party may claim an indemnity for breach, known as indennità sostitutiva di preavviso; alternatively, the employer may choose to pay the indemnity in lieu of working during the notice period.

Termination without notice may occur in cases of just cause or justified motive (giusta causa or giustificato motivo soggettivo/oggettivo). In such cases, the preavviso may be shortened or not required. The rules also cover situations where the employee is temporarily unable to work during the notice period (illness or accident), which may affect the execution of the notice.

Fixed-term contracts normally terminate at the end of the term, but early termination or renewal processes may still be subject to notice under the contract or law. Overall, the preavviso balances the interests of the employer and employee by ensuring time for transition and planning.