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 method 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: ______________

— — — ⚠️ This is a boilerplate template, not legal advice. Italian employment, food-safety, privacy and consumer-protection law (the applicable CCNL — e.g. CCNL Turismo-Pubblici Esercizi/Ristorazione e Turismo, FIPE-Confcommercio, renewed 05.06.2024, in force until 31.12.2027 — the Statuto dei Lavoratori L. 300/1970, D.lgs 81/2015, the "Decreto Trasparenza" D.lgs 104/2022 as softened by DL 48/2023, D.lgs 81/2008, Regulation (EC) No 852/2004, Regulation (EU) No 1169/2011, the GDPR/Codice Privacy D.lgs 196/2003, the TULPS R.D. 773/1931 and the Codice del Consumo D.lgs 206/2005) is highly procedural, tied to fixed statutory calendars (comunicazione preventiva before every call-up, contestazione disciplinare timing, UNILAV deadlines, Alloggiati Web transmission windows) and changes frequently, with CCNL pay tables and sanction thresholds re-indexed periodically, and with some institutions (e.g. affitto di poltrona/cabina) still governed only by circolari and regional/ municipal rules rather than a single national law. Have this document reviewed and adapted by an Italian employment/legal advisor (avvocato giuslavorista / consulente del lavoro) and verified against the applicable CCNL, regional rules and current thresholds before use.