In Italy, an employee can be dismissed for a variety of reasons: when, however, the employing company wants to dismiss its employee for disciplinary reasons, it must follow a special procedure.

Step 1: Formally inform your employee about what happened

The first step is to inform your employee about what happened. In fact, the employer must challenge its employee for conduct he or she has engaged in in violation of his or her duties and the employment contract.

Step 2: Allow a reasonable period of time for the worker to justify himself or herself

The employee is entitled to a reasonable amount of time (usually at least five days), to be able to explain and justify his or her conduct.

Step 3: Assesses the severity of the violation

Carefully assess the severity of the violation and based on the employee’s national collective bargaining agreement, if you decide that the violation has irreparably undermined your trust in your employee, see whether it may warrant dismissal for just cause or justifiable cause.

Step 4: Notify or deliver to the employee the dismissal

Dismissal must be formally delivered, either by hand, with signature for receipt, or by registered mail, to the employee.

Step 5: Wait sixty days

Any dismissal may be appealed by the employee no later than sixty days after receiving it. After this period, the dismissal becomes final.

Conclusion

In Italy, dismissing an employee is by no means a given, as there must have been a very serious violation and the formal procedure described above must be meticulously followed, otherwise the dismissal may be null and void or illegitimate, which is why it is essential to get legal assistance from the very beginning.