Legal proceedings

For the calculation of deadlines during labour proceedings, the initial day is excluded and the final day is counted. Public holidays are counted in the deadline. Where the law lays down a deadline for filing deeds or documents and the deadline expires on a public holiday (e.g. Sunday), this is automatically extended to the next working day. If the deadline is “backwards“, if it falls on a holiday, the filing must be made on the day preceding the holiday on which the deadline falls. For deadline calculation purposes, Saturday is treated as a public holiday. Documents filed on a “backwards” deadline falling on a Saturday must be on the last non-holiday day i.e. on Friday.

Local jurisdiction for employment relationships must be identified according to the following alternative criteria:

• the place where the relationship started (contractual court)
• the place where the company or one of its branches is located, where the employee works or worked at the time of the relationship termination.

At the first hearing, the judge questions the parties and attempts a conciliation. If the conciliation attempt is successful, a conciliation report is drawn up, which is enforceable.

Under art. 431, paragraphs 1 and 2, of the Italian Code of Civil Procedure, rulings in favour of worker’s claims arising from the employment relationship under art. 409 of the Italian Code of Civil Procedure are provisionally enforceable, and can be enforced with a copy of the measure, pending the deadline for ruling filing. The appeal judge may order that enforcement be suspended when serious damage could be caused to the other party.