DID YOU KNOW THAT… Union negotiated conciliation agreements signed at company headquarters are invalid?

Conciliation agreements negotiated with the help of a union cannot be validly concluded at the company’s headquarters. This is because company headquarters do not fall within “protected locations” (sedi protette) which are neutral and guarantee, together with the assistance provided by the union representative, that the worker is free to make his or her own decisions.

The Italian Court of Cassation affirmed this principle in order no. 10065 of 15 April 2024. This is a more restrictive interpretation than that laid down in order no. 1975 of 18 January 2024. According to the Court the locations selected by the legislator are exhaustive and do not permit substitutes, both because they are directly linked to the body responsible for conciliation and because of the aim of guaranteeing the worker a neutral environment, without employer influence.

Other related insights:

• Appealability of conciliation reports with respect to trade unions – De Luca & Partners (delucapartners.it)