Disciplinary Charge Letter (Contestazione Disciplinare)

DISCIPLINARY CHARGE LETTER (CONTESTAZIONE DISCIPLINARE)

Employer: Employer name​ Employee: Employee name​, Position​

1. ⚠️ MANDATORY FIRST STEP OF ANY SANCTION 1.1. Under art. 7 of the Statuto dei Lavoratori (L. 300/1970), NO disciplinary sanction — from a written warning to dismissal for just cause — may be imposed without FIRST serving this written contestazione and giving the Employee time to respond. 1.2. The charge must be timely (immediatezza — sent promptly after the facts became known), specific (concrete facts, not generic accusations) and unchangeable (the Employer cannot later add new facts not mentioned here).

2. FACTS CONTESTED 2.1. Facts (date, place, circumstances): Facts contested (date, place, circumstances)​ 2.2. Date the facts occurred: Date the facts occurred

3. DELIVERY AND RESPONSE PERIOD 3.1. Date this letter is delivered: Date this letter is delivered 3.2. Delivery method: Delivery methodConsegna a mano con firma per ricevutaRaccomandata A/RPEC (posta elettronica certificata) 3.3. The Employee has Days given to respond​ days from delivery to submit a written or oral defence (⚠️ statutory minimum: 5 days).

4. ⚠️ CODICE DISCIPLINARE MUST BE POSTED 4.1. Codice disciplinare posting (affissione) confirmation​ 4.2. The codice disciplinare (excerpt of the CCNL listing offences and corresponding sanctions) must be permanently posted (affissione) somewhere accessible to all employees. Without proof of affissione, any sanction based on this contestazione can be successfully challenged regardless of the underlying facts.

5. NEXT STEPS 5.1. No sanction may be issued before the response period in section 3.3 has elapsed. See the dedicated Provvedimento Disciplinare template for the sanction letter itself, once the response — or lack of one — has been considered.

Employer ______________ / Employer signatory​, on behalf of Employer name​ / Received by Employee ______________ / Employee name​ / Date: ______________