DLP Insights

DID YOU KNOW THAT … the assisted negotiation is extended to labour disputes and the Fornero procedure has been repealed?

29 Nov 2021

On 25 November 2021, the Chamber of Deputies definitively approved the bill that provides for a delegation to the Government for the civil procedure efficiency and the discipline revision of the alternative methods for dispute resolution and a series of urgent measures for procedure optimisation in the personal and family rights and enforcement fields. As far as we are concerned, the main changes affect the extension of assisted negotiation for labour disputes to lawyers and the unification of procedures for challenging dismissals, and repealing the Fornero special procedure. The civil procedure reform allows disputes referred to in Article 409 of the Code of Civil Procedure to resort to an assisted negotiation. This is without prejudice to the provisions of Article 412-ter of the Code of Civil Procedure and without this constituting a condition for proceeding with an action. This is provided that each party has a lawyer or by respective labour consultants if this is wished. The protected stability regime provided for in Article 2113, paragraph 4 of the Civil Code is assured in the relevant agreement. In addition, the procedures for challenging dismissals, which currently differ according to the worker’s employment date, are unified in the single ordinary labour procedure (Articles 409 et seq. of the Code of Civil Procedure).

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