For the Court of Monza, the transmission via PEC of a scanned copy of the letter signed by the worker, not supported by digital signature, is not sufficient.
The Judge of Labour of the Court of Monza, with a ruling on 29.01.2020, declared an appeal inadmissible and denied the worker the right to appeal the dismissal, since the contested letter scanned and forwarded by PEC via a solicitor was not digitally signed by the worker and / or solicitor. The Judge observed that, according to current legislation (Legislative Decree 82/15), the scan of a paper appeal against dismissal, being a mere copy of an image on an IT medium of an analogue document, can only have the validity and effectiveness of private writing pursuant to art. 2702 of the Italian Civil Code if: a) it is signed by the worker and / or the solicitor with a digital signature, or other type of electronic signature; b) is accompanied by a valid certificate of conformity by a notary or other public official authorised to do so.
This recent ruling therefore suggests particular attention should be paid to the way in which an act of significant importance is conducted, such as the out-of-court appeal against a dismissal. Therefore, if you intend to make use of the PEC communication channel (certainly a convenient and increasingly popular tool), it is advisable to take the following minimum steps: 1) make sure that the paper copy is at least hand signed by the worker; 2) scan the letter and digitally sign it; 3) if the digital signature is made by the solicitor, also attach the power of attorney given by the customer to the PEC, always making sure to sign it digitally. (MB)
