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

2 min read · Editorial oversight: Avv. Federico Papa

Use this checklist for the proper management of disciplinary notices to employees, preventing procedural flaws that could invalidate the 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. 1.

    Verify timeliness

    Ensure that an excessive amount of time has not elapsed since the discovery of the AI-related incident, in order to comply with the principle of immediacy under Art. 7 of Law No. 300/1970.

    Related practical guide: How to draft a disciplinary charge letter with AI
  2. 2.

    Verify the specificity of the charge

    Describe the improper use of AI in detail, specifying the date and time: a vague description of the facts renders the notice null and void.

  3. 3.

    Specify the defense period

    Ensure compliance with the employee's right to submit defenses within 5 days (or the timeframe specified in the applicable CCNL), awaiting the expiry of the deadline before imposing any sanction.

  4. 4.

    Assess severity and proportionality of the sanction

    Verify that the contested conduct is subject to sanction under Art. 2106 of the Italian Civil Code and the provisions of the disciplinary code and applicable CCNL.

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    5.

    Ensure the immutability of facts

    Ensure that all aspects of the AI-related misconduct are comprehensively described, as the principle of immutability prohibits adding new factual allegations at a later stage.

  6. 6.

    Choose a traceable delivery method

    Use PEC (certified electronic mail) or hand delivery with signed receipt to ensure conclusive proof of delivery to the employee.

  7. 7.

    Verify signing authority

    Ensure that the signatory possesses the requisite managerial authority or valid power of attorney to exercise disciplinary authority.

  8. 8.

    Cite the violated company rules

    Verify whether the use of AI breached a specific internal policy or the disciplinary code, ensuring that the latter has been duly posted in the workplace beforehand.

Avv. Federico Papa
Editorial oversight: Avv. Federico Papa·ICAMContent drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

Frequently asked questions

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

Any sanction imposed prior to the expiration of the deadline would be voidable for breach of the statutory procedure set forth in Art. 7 of Law No. 300/1970.

Can misconduct that occurred several months prior be contested?

Only if the employer gained actual knowledge of the facts recently: otherwise, the notice violates the principle of immediacy.

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