Categories: Insights, Case Law

Tag: verbale di conciliazione


27 May 2022

Settlement report: challengeable if signed with a union other than the employee’s union

The Court of Bari, in its 6 April 2022 ruling, stated that the conciliation at the trade union under art. 411, third paragraph of the code of civil procedure, completed with the assistance of a union representative who did not belong to the union with which the worker was registered, invalidates the related waivers and settlements, making them disputable under Art. 2113, paragraph 4) of the Civil Code.

Facts of the case

The employee challenged the settlement agreement before the Employment Tribunal. This agreement was signed at the trade union office where he waived claims on entitlements and salary differences in exchange for the advance payment of part of the severance indemnity.

Reviewing the events of his employment relationship with the defendant company, the worker objected that he had signed the agreement, in the presence of the UGL trade unionist, at the unilateral instigation of the employer and without any shared intention. He claimed that he had never been a member of that trade union and never asked for its assistance, invoking the declaration of nullity of the settlement report signed with the company.

The Court of Bari’s decision

The Court of Bari, in justifying its decision, referred to previous case law according to which, for waivers and settlements to be valid, it is essential “that the worker had the assistance of their union representatives” (see Court of Cassation, labour section, 03/09/2003, ruling no. 12858).

Whatever the legal configuration of the relationship between the union and the union member may be, the ruling makes it clear that only the worker’s union representatives are qualified to assist them and protect their interests. This prevents the invalidity that would otherwise pollute the act of waiver or settlement. Other forms of presence cannot be considered capable of removing the waiver and settlement from the legal invalidity regime mentioned above.

Nor, in the court’s view, can any value be connected to the assignment given by the worker to the representative at the same time as/when? signing the settlement report. The assignment was given at the same time as the settlement which made it impossible to prove the worker received assistance.

Given the ruling, which follows case law, it can be concluded that, if the assistance to the worker during a protected proceeding was provided by the representative of a trade union to which the worker was not a member, the related waivers and settlements will be considered subject to invalidity and challenge (within the six-month term) under Art. 2113 Civil Code.

Other related insights:

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

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…