News

 

The legality of communicating illness to the employer by fax

  • 10/10/2024

The Court of Cassation, Sec. of Labour, with the order of 25 September 2024, no. 25661, rendered on the subject of labour relations, established that ‘The communication of illness to the employer can be validly made by fax, if this method is expressly provided for by company regulations, since transmission exclusively by registered mail is not necessary. In the case of transmission of the illness certificate by fax, actual receipt by the employer is presumed if the employee can document by means of transmission reports the success of the communication, even in the absence of traces on the company's servers. The conduct of the employee with regard to the communication of the illness abroad, although it may be regarded as not entirely diligent, is not sufficient to constitute a just cause for dismissal if the employee's awareness of the unsuccessful transmission is not proven.’

NEWS

 
Click to view our video