The point on the challenge of the dismissal in the face of very recent case-law (Guida al Lavoro de Il Sole 24 Ore, 18 December 2020 – Vittorio De Luca, Antonella Iacobellis)

The articles written by Vittorio De Luca and Antonella Iacobellis lingers over two aspects regarding to the out-of-court appeal.

1. If the out-of-court appeal as an attachment transmitted via certified e-mail, not digitally signed by the worker and / or the defender, has the value of an act that interrupts the terms of forfeiture pursuant to art 6 L. n. 604/1966. The Court of Palermo stated that the out-of.court appeal if is not digitally signed by the worker or by the defender or if the signature is not authenticated by a notary is not able to interrupt the terms of forfeiture,  contrary to the court of Rome which stated that the law does not required particular formality for the out-of-court appeal.
2. The Court of Milan stated that the suspension of the terms provided for by the emergency legislation to face the COVID-19 also applies to the 60-day forfeiture period inherent in the out-of-court appeal of the dismissal pursuant to art. 6 L. n. 604/1966.

Source: Guida al lavoro – Il Sole 24 ore.