How to draft an out-of-court dismissal challenge with AI

The steps

1. 1.

   Verification of the forfeiture deadline

   The first requirement is to strictly verify that no more than 60 days have elapsed since receipt of the dismissal notice. This deadline, established by Art. 6 of Law No. 604/1966, is a forfeiture period (decadenza), and failure to comply with it permanently precludes any legal protection for the worker. Days must be calculated starting from the moment the worker had actual or legal knowledge of the dismissal letter. In the case of postal delivery, the relevant date is the delivery date resulting from the acknowledgment of receipt or the tracking of the registered letter.

2. 2.

   Identification of the parties and power of attorney

   The document must clearly identify the worker and the employer recipient of the challenge. If the challenge is signed by legal counsel or a trade union organization, the professional must act under a specific mandate granted by the worker. Although case law allows for subsequent ratification, it is prudent practice to attach the power of attorney (procura) or to have the worker co-sign the document. Correctly stating the personal details and the employer's registered office ensures certainty regarding receipt of the document.

3. 3.

   Drafting the content of the challenge

   The content of the challenge does not require formal legal formulas, but it must unequivocally express the intention to contest the dismissal. The document must reference the details of the communication received, indicating its date and the reasons given by the employer, if any. It is essential to declare that the dismissal is considered unlawful, null, ineffective, or voidable for all grounds of fact and law. It is not mandatory to analytically specify every ground of grievance at this stage, as a generic yet clear challenge is sufficient.

4. 4.

   Formal offer of work performance

   It is essential to include in the document an express declaration placing one's work capacity at the employer's disposal. This statement serves to put the employer in default (mora) and preserve the worker's right to remuneration accrued from the date of dismissal until reinstatement. Without such an offer of performance, the employer could object that the worker lacked the intention to resume service. The offer must be serious and unconditional, confirming immediate availability to resume duties at the company's premises.

5. 5.

   Selection of the transmission method

   The document must be sent using methods that guarantee reliable proof of receipt within the 60-day deadline. Suitable means include registered mail with acknowledgment of receipt (raccomandata A/R), Certified Email (PEC), or hand delivery with a signed receipt on the copy. PEC is preferable due to its immediacy and certainty regarding the content of the transmitted message. If paper registered mail is used, the 'French-style' method (without an envelope) is recommended to avoid disputes concerning the actual content of the delivered letter.

6. 6.

   Compliance with the second 180-day deadline

   The extrajudicial challenge is only the first step; pursuant to Art. 32 of Law No. 183/2010 (as amended by Law No. 92/2012), it loses effectiveness if not followed by the filing of a judicial appeal within 180 days. This period runs from the date of receipt of the extrajudicial challenge by the employer. As an alternative to filing an appeal, the worker may communicate, within the same timeframe, a request for mandatory conciliation or arbitration. It is a critical mistake to consider the matter closed after sending the letter, as inactivity during the following six months renders the dismissal unchallengeable.

Legal basis: art. 6 L. 604/1966art. 32 L. 183/2010L. 92/2012