Categories: Insights, Practice


29 May 2018

The clarifications of the Italian National Labor Inspectorate (“INL”) relating to the filing of the conciliation minutes signed before the trade unions

The Confederdia Union has requested clarifications to the National Labour Inspectorate (“INL”) regarding the rejection issued by the territorial office of the Inspectorate to the filing of the minutes of conciliation signed pursuant to art. 411 of the Civil Code, justified with the alleged lack of powers by the union. In this respect, INL, with note dated 17 May 2018 number 163, has above all highlighted that the fundamental requirement of conciliation talks with a trade union is the fact that the agreement has to be reached with the effective support of the employee by his/her trade union. Furthermore, the note has recalled – after having referred back to the rules governing conciliation talks with trade unions as well as the requirements of actual mandate and representation powers called for by the case law of the supreme courts – what had already been established by the Ministry of Labour and Social Policies (protocol 5199 dated 16/03/2016 and protocol 5755 dated 22/03/2016). In particular, INL stated once again that, in order to file the minutes at the territorial office and in light of what is established in art. 412 ter of the Civil Code, the union must be in possession of specific representation powers”. According to INL, given that not all the collective agreements establish specific conciliation procedures, the solution of a self-declaration of the union regarding possession of the requirement of greater representation (to be adopted only in those cases in which trade union conciliation is performed according to specific contractual provisions) allows the inspectors to avoid technically complex audits and at the same time ensures union self-regulation in application of the regulations establishing it.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…