Pursuant to art. 2 of the law 604/66 the dismissal must be communicated in writing. But the law does not impose a particular mode of communication, nor does it establish the need for subscription. Therefore, although certainly preferable to use registered mail with return receipt, you can also communicate dismissal by other means (see. Civil Cassation, sec. Lav., 13/08/2007, n. 17652).
For example, the dismissal letter may be handed to the employee concerned directly. But in the case of refusal by the same to sign and receive a copy of the letter, it is appropriate that the delivery is in the presence of witnesses, because - if the employee denies receipt - the burden of proving the successful communication would rest on the employer.
Dismissal by means of telegram dictated by telephone (see Cass No. 10291/2005, No. 19689/2003, No. 9790/2003) or by SMS (Court of Appeal of Florence) is also considered legitimate. 05/07/2016, No. 629) or via fax (see Court of Turin, 23/07/2014). But even in this case the employer may find himself later having to prove – via documents, with witnesses and / or presumptions - to have actually communicated the dismissal via the aforementioned means.
Dismissal can also be communicated via email, preferably in this case, via certified e-mail, perhaps with digital signature. However, it is also possible to communicate without having used certified electronic mail, therefore with a simple e-mail, which should at least contain the header of the company and the indication at the bottom of the sender; but with the risk - in this case - of being then challenged by the counterparty of the effectiveness of the withdrawal, thus having to prove the actual sending of the mail and / or the actual receipt of the same by the employee (see Cassation No. 29753 / 2017). (LC)
