Legislative Decree no. 149, of 10 October 2022, by inserting Article 2-ter to the Decree Law no. 132, of 12 September 2014, introduced assisted negotiation in labour disputes under Art. 409 of the Code of Civil Procedure.
The provision allows the parties (employer/client and employee) to resort to assisted negotiation, with the help of a lawyer or a labour consultant.
Assisted negotiation in the employment sector is optional and does not constitute a condition for proceeding to court.
Another important change is that the agreement reached between the parties through assisted negotiation is treated as a conciliation under “protected proceedings” (under Art. 2113, fourth paragraph of the Civil Code) and is enforceable.
The agreement must be sent, by either party, to a Certification Commission within the following ten days.
This provision is effective from 30 June 2023.
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