Out-of-court procedures

Out-of-court procedures

Last update : 19/04/2022
Is it compulsory to attempt out-of-court conciliation in labour disputes?

The attempt at conciliation in employment disputes is optional. Even if not obliged by law, before filing, a person who intends to bring a legal action may either:

  • initiate an attempt at conciliation before the Conciliation Committee set up at the Labour inspectorate (ITL); or
  • use the conciliation procedures provided for by collective contracts and agreements (trade union conciliation).

The only cases in which an attempt at conciliation is mandatory concern:

  • disputes arising from contracts that have been certified;
  • dismissals for objective justified reasons for workers hired before 7 March 2015 in companies with more than 15 employees (procedure under art. 7, Legislative Decree no. 604/1966)
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