DATA PROTECTION
Court of Cassation: an appeal against dismissal transmitted by sending a certified electronic email (PEC) with a word file attached is valid.
The Court of Cassation specifies that the requirement of challenging dismissal in writing, in the absence of the provision of specific modalities, must be considered fulfilled also by sending a PEC with a word file attached.
In Order No. 18529 of 8 July 2024, the Labour Section set out the following principle of law:
“Pursuant to Article 6 of Law no. 604/66, the requirement to challenge the dismissal in writing must be considered fulfilled, in the absence of the provision of specific modalities, by any method involving the transmission to the addressee of any written document whose content is capable of communicating the employee's intention to challenge the dismissal and which can be referred to him/her with certainty, therefore also by sending a PEC with a word file attached, since it is not necessary to send a computer copy of an analogue document pursuant to Article 22 of legislative decree no. 82 of 2005”.
In Order No. 18529 of 8 July 2024, the Labour Section set out the following principle of law:
“Pursuant to Article 6 of Law no. 604/66, the requirement to challenge the dismissal in writing must be considered fulfilled, in the absence of the provision of specific modalities, by any method involving the transmission to the addressee of any written document whose content is capable of communicating the employee's intention to challenge the dismissal and which can be referred to him/her with certainty, therefore also by sending a PEC with a word file attached, since it is not necessary to send a computer copy of an analogue document pursuant to Article 22 of legislative decree no. 82 of 2005”.
