Waiver is a unilateral declaration of will or a conduct implying an intent, by which the employee waives the exercise of a right. A settlement is a contract by which the parties, by making mutual concessions, end a dispute that has already begun or prevent a dispute from arising between them.

The worker may freely waive or settle only for rights that can be decided by law, National Collective Labour Agreement or individual contract, which are better than those laid down by law or NCLA (i.e., extra allowance, additional monthly payments, and additional leave not provided for by the National Collective Labour Agreement) . a waiver or settlement for rights that cannot be waived and that have already been made available to the worker, is only possible if it is made in one of the “protected proceedings.”

A waiver or settlement of future rights, i.e. rights that have not yet become available to the worker, is always null and void.

Art. 2113 of the Italian Civil Code states that waivers and settlements containing worker rights deriving from mandatory legal, collective bargaining or agreements provisions, are valid only if they are contained in conciliation reports signed under protected proceedings. Protected proceedings means:

• the judicial venue (i.e., conciliation reports signed before the employment tribunal);
• conciliation committees set up at the Regional Labour Inspectorate or certification offices, including universities;
• conciliation committees set up within trade unions;
• conciliation and arbitration panels.

Waivers or settlements relating to rights arising from mandatory provisions which did not take place under protected proceedings, may be challenged by the worker within six months of:

• the relationship termination;
• The date when the waiver or settlement was finalised, if it occurred after the employment termination.