Depending on the seriousness of the infraction, failure by the worker to comply with the provisions of this contract may result in the application of the following measures:
a) verbal reprimand;
b) written reprimand;
c) fine not exceeding three hours’ pay calculated on the minimum standard wage;
d) suspension from work and pay up to a maximum of three days;
e) dismissal for misconduct pursuant to Article 48.
The employer may not take any disciplinary action against the worker without first notifying them of the charge and hearing their defence.
Except in the case of a verbal warning, the objection must be made in writing and dis- ciplinary measures may not be taken until five days have elapsed, during which the worker may present their justifications.
If no action is taken within 15 working days of such justifications, they shall be deemed to have been accepted.
The worker may also present their justifications verbally, with the possible assistance of a representative of the trade union association they belong to, or a member of the uni- tary union representative body.
If within 5 days of the dispute the worker formally declares that they intend to avail themself of the assistance of a trade union representative, any meeting between the work- er and the trade union representative with the company must be held within the peremp- tory term of 30 days from the dispute, in the province or municipality where the relevant job contract (which the worker is assigned to) is located, after which the justifications may only be submitted in writing, within the following 3 days.
This term lapses if the meeting cannot be held for reasons attributable to the employer.
The adoption of the measure must be justified and communicated in writing.
The disciplinary measures referred to above in points b), c) and d) may be challenged by the worker before the trade union, in accordance with the contractual rules on disputes. The dismissal for misconduct referred to in points A) and B) of Article 48 may be challenged according to the procedures envisaged in Article 7 of Italian Law no. 604/1966, confirmed by Article 18 of Italian Law no. 300/1970.
The disciplinary measures will not be taken into account for any purpose two years after their adoption.