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26.052010

LABOUR ATTACHMENT: EXAMINATION OF THE AMENDMENTS

Here are some of the main labour law amendments of the so called "Work related act" (presented by the chairman Maurizio Castro, PDL party) that may be examined by the Labour Commission of the Senate:
 
     as per the compulsoriness of the arbitration, an employee of the private sector will be able to decide, before signing the employment contract, to apply to the arbitration clause with reference to every dispute that could arise during the employment relationship. Such clauses may be certificated by the so called “Authentication Commissions”. Considering that, the amendment approved by the Chamber of Deputies which, on the contrary, allows to employees to settle on, for every dispute, to apply to the arbitrator or to the judge would be made useless;
 
     as legal terms of challenge, the dismissal may be challenged by the employee within 270 days (instead of 180) starting from the deposit of the claim at the office of the court’s clerk or from the communication of the required attempt of settle or arbitration;
 
     in case of oral dismissal, the aforesaid dismissal may be challenged by the employee within 90 days (instead of 60). If the employer did not justify the measure, the legal term to impugn starts by the date which the dismissal causes had to be communicated within;
 
    as per the so called “amnesty” regarding the ongoing and coordinated collaborations, the employee may have offered to the employer the drawing up of a subordinate employment contract, also with a fixed term, within the 30th September 2008, and, afterwards the approval of the Labour attachment, may offer to the collaborator an open-ended employment contract “with equivalent duties to those one assessed”, as mentioned in the aforesaid law.