On basis of recent Welfare ministry instructions concerning employers replacement prefectures do not consider the case of employees quitting a job, they do not consider the fact that employees hold the right to resign from a job without needing to have a just cause explained.
There actually isn’t any reason for which “just cause” dismissal and spontaneous ones should be considered different. Both of them are part of eployers-employees duties and rights.
There’s no reason in discriminating and distinguishing among employers and employees in the assertion of fundamental rights connected to any work contract.
Nowhere law states that regularization is impossible when a worker, probably after having waited for months for documents to come at local prefecture, chooses to quit a job, and reasons of this could be also very personal ones.
Prefectures multicultural counters usual procedure could be understood as a worker’s obligation to start a labour dispute off when he/she is free whether to start one or not.
We faced many cases in which workers quit a job for different matters, because they weren’t paid by employers or they weren’t propoerly treated, and chose not to start a labour dispute off. In fact it too often is the case that workers won’t get nothing out of a dispute.
We invite interested people to signal this prefectures procedure, in fact when prefectures deny regularization because of a worker having quit a job workers can appeal to juridical authorities in order to have lawfulness of procedure studied. A judicial precedent could be stated.
In other words until noone reports of what happens, noone of coarse takes care of doing anything this makes it impossible to find a remedy and open new path for the many coming next.
Only 10% of regularization folders were studied, we will alk about pardon for months.