Judgment No. 10734/2024: Written Form in Dismissal and the Conciliation Procedure

The recent order No. 10734 of April 22, 2024, issued by the Court of Cassation, offers important insights regarding the written form required for the validity of dismissal. In particular, the judgment clarifies how a dismissal communication formulated in the minutes of the conciliation procedure closure can fulfill the written form requirement, provided that further regulatory provisions on dismissal are respected.

Regulatory Context

Law No. 604 of 1966, particularly Article 7, establishes the mandatory conciliation procedure for resolving disputes related to individual dismissal. In case of a negative outcome of this procedure, the employer must formally communicate the dismissal. The Court emphasized that, contrary to what might appear, a written communication subsequent to the one expressed in the conciliation minutes is not necessary.

Written form under penalty of nullity - Minutes of the conciliation procedure pursuant to art. 7 of law no. 604 of 1966 - Negative outcome of conciliation - Dismissal communication formulated in the final minutes - Fulfillment of the written form requirement - Conditions - Necessity of subsequent written communication of dismissal - Non-existence. The dismissal communication formulated in the minutes of closure of the procedure provided for by art. 7 of law no. 604 of 1966, which attested to the failure of the conciliation attempt imposed by the rule, fulfills the written form requirement, provided that the further prescriptions regarding dismissal are observed, so it is not necessary for the written communication of the same to occur subsequently, in a context distinct from the minutes drawn up during the meeting before the conciliation commission.

Practical Implications of the Judgment

This judgment has several practical implications for companies and employees. In particular, it clarifies that:

• The conciliation minutes can serve as a dismissal communication, provided that it respects the necessary formalities.
• A subsequent written communication step is not required, thus simplifying the process for employers.
• It remains crucial that the conciliation procedure is managed correctly for the minutes to have legal validity.

Conclusions

In conclusion, order No. 10734/2024 represents an important clarification regarding the written form in dismissal and its fulfillment through the minutes of the conciliation procedure. This decision not only clarifies the rights and duties of employers and employees but also offers important practical guidance for managing dismissals. It is essential that the parties involved are aware of these provisions and, in case of doubt, seek advice from legal professionals to ensure the correctness of the procedures adopted.