Disciplinary process
How does the disciplinary process start?
The disciplinary process is regulated by Article 7 of Italian Law 300/1970 (the so-called ‘Workers’ Statute’) and by the applicable NCLA. In general, it begins with the written notice to the employee in which the employee’s negative conduct must be accurately described and contested. The written objection must meet the criteria of immediacy, unchangeability and specificity.
How can the worker defend himself/herself?
In general, the worker, within five days from the receipt of the notice of dismissal, may defend himself/herself from the charges by submitting any justifications.
Upon receipt of the employee’s justifications, if any, and in any case once the five-day period has expired, the company may make the final decision by adopting the relevant disciplinary measure provided for by the applicable NCLA. In any event, the employee will have the right to challenge such disciplinary measure within a given period.
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