Insights

Checklist: what to check before issuing a disciplinary notice involving AI

2 min read · Editorial oversight: Avv. Federico Papa

Use this checklist to ensure the proper handling of disciplinary notices to employees and to prevent procedural flaws that could invalidate any subsequent sanction.

In brief

Disciplinary notices for AI misuse must comply with Article 7 of Law No. 300/1970 and Article 2106 of the Italian Civil Code. Employers must ensure the timeliness of the charge as well as a specific description of the conduct, including the date and time of the occurrence. Employees are entitled to a period of 5 days (or the timeframe set by the applicable CCNL) to submit their defenses. Verifying signing authority and ensuring the prior publication of the disciplinary code on company premises are mandatory requirements. Service via certified email (PEC) or registered hand delivery guarantees proof of receipt. Failure to observe these statutory procedural requirements renders any resulting sanction voidable.

1.
Verify timeliness
Ensure that an excessive period of time has not elapsed between discovering the AI-related conduct and issuing the notice, in compliance with the principle of immediacy under Article 7 of Law No. 300/1970.
Related practical guide: How to draft a disciplinary charge letter with AI
2.
Verify charge specificity
Describe the improper use of AI in a detailed and specific manner, including the date and time of the events; the notice is void if the charges are formulated in generic terms.
3.
Specify the defense period
Ensure full respect for the employee's right to submit defenses within 5 days (or any different term provided by the applicable CCNL), awaiting its full expiration before imposing any sanction.
4.
Assess severity and sanction
Verify that the contested conduct constitutes a sanctionable breach under Article 2106 of the Italian Civil Code and the disciplinary code of the applicable CCNL.
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5.
Ensure immutability of facts
Ensure that the notice covers all relevant aspects of the AI-related misconduct, as it will not be permissible to supplement the charges with new facts or circumstances at a later stage.
6.
Choose a traceable delivery method
Deliver the notice via certified email (PEC) or hand delivery with acknowledgment of receipt to ensure conclusive proof of receipt by the employee.
7.
Verify signing authority
Ensure that the person signing the notice possesses the requisite hierarchical authority or express delegation to exercise disciplinary power within the company.
8.
Cite violated company rules
Verify whether the use of AI breached a specific internal policy or the disciplinary code, provided that the latter has been previously posted in the workplace.

Editorial oversight: Avv. Federico Papa·ICAM

Frequently asked questions

What happens if the 5-day period for defenses is not respected?

Any sanction imposed would be voidable for breach of the statutory procedure prescribed by Article 7 of Law No. 300/1970.

Is it possible to contest misconduct that occurred several months ago?

Only if the employer acquired actual knowledge of the facts recently; otherwise, the notice would be untimely for breach of the principle of immediacy.