29 Nov 2021

DID YOU KNOW THAT … the assisted negotiation is extended to labour disputes and the Fornero procedure has been repealed?

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).

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

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…