Insights

Checklist: checks to perform before sending the extrajudicial challenge of dismissal

2 min read · Editorial oversight: Avv. Federico Papa

This checklist should be consulted prior to sending or delivering the notice of challenge. It is intended to ensure the validity and effectiveness of the act, preventing the forfeiture of the right to contest the dismissal.

In brief

The extrajudicial challenge of a dismissal requires compliance with the 60-day statutory deadline from receipt of the notice of termination, pursuant to Art. 6 of Law 604/1966. The notice must unequivocally express the intention to challenge the measure and be sent via traceable means, such as certified email (PEC) or registered mail with advice of receipt. Its validity depends on the accurate identification of the recipient, inclusion of statutory references (Art. 32 of Law 183/2010), and signature by the employee or authorized representative. Within 180 days of dispatch, the filing of a court claim or a request for conciliation or arbitration must follow to avoid inefficacy.

1.
Calculation of the 60-day deadline
Verify that the date of dispatch falls within 60 days of receipt of the dismissal notice, pursuant to Art. 6 of Law 604/1966. Non-compliance with this deadline results in an incurable forfeiture of the right.
Related practical guide: How to draft an out-of-court dismissal challenge with AI
2.
Selection of a traceable delivery method
Ensure the use of certified email (PEC) or registered mail with advice of receipt (a.r.). Transmission via ordinary mail does not provide legal proof of the date of receipt by the employer.
3.
Clear expression of the intent to challenge
Verify that the text unequivocally expresses the intent to challenge the dismissal. A mere request for clarification or explanation is insufficient to prevent statutory forfeiture.
4.
Verification of recipient details
Verify that the employer's corporate name and registered office are accurate and updated. Errors in identifying the recipient may compromise the validity or effectiveness of the notice.
Apply this research directly with edit.legal
Legal research and drafting with citations checked against official databases. Try edit.legal for free, no credit card.
Try edit.legal
5.
Inclusion of correct statutory references
Ensure that Art. 6 of Law 604/1966 and Art. 32 of Law 183/2010 are cited, as these provisions establish the legal basis and statutory deadlines for the challenge.
6.
Verification of structural completeness
Ensure the presence of sender, recipient, factual recitals, formal statement of challenge, reservation of legal action, place, date, and signature. The omission of these essential structural elements may prejudice the effectiveness of the notice.
7.
Verification of signature
Ensure the document is signed by the employee or by an attorney or union representative provided with a valid power of attorney. The absence of a valid signature prevents the document from being legally attributed to the sender.
8.
Calendar the subsequent 180-day deadline
Calendar the filing of the court claim or the request for conciliation or arbitration within 180 days from the dispatch of the extrajudicial challenge. Failure to comply with this subsequent deadline renders the extrajudicial challenge ineffective.

Editorial oversight: Avv. Federico Papa·ICAM

Frequently asked questions

What happens if the date of receipt of the dismissal notice is miscalculated?

If the error leads to transmitting the notice beyond the 60th day from actual receipt, the right to challenge the dismissal is forfeited pursuant to Art. 6 of Law 604/1966.

Is an extrajudicial challenge sufficient to set aside a dismissal?

No. The extrajudicial challenge serves solely to prevent the initial forfeiture; it must be followed, under pain of inefficacy and within 180 days of transmission, by the filing of a court claim or the notification of a request for conciliation or arbitration.