Through ruling no. 23408/2017, Court of Cassation held that – according to the disciplinary procedure pursuant to article 7 of Law no. 300/1970 – there is no obligation for the employer to show the employee the documentation on which the charges are based.
The principles of fairness and good faith concerning the employment relationship require that a potential access to documentation shall be allowed, only if it is absolutely necessary for the employee to provide his/her justifications.
The Italian disciplinary procedure provides that the company must promptly send the employee a letter of reprimand describing – in the most detailed and comprehensible way – the facts on which the sanction will be based, but does not involve the employer’s duty to show or recall the documentation proving the charge itself.