Conciliation: double control over filing of minutes in trade unions

The Ministry of Labour, with Memoranda Nos. 5199/2016 and 5755/2016, provided clarifications of interpretation on the filing process at the Territorial Directorate of Labour (DTL) of the minutes of conciliation in trade unions. The Ministry pointed out that in the event of conciliation reports filed in trade unions, the DTL must verify a) the authenticity of the deed, as expressly required by Art. 411, paragraph 3, of the Code of Civil Procedure and b) that the conciliation took place, pursuant to Article 412-ter of the Code of Civil Procedure “at the venues and according to the procedures laid down by collective agreements entered into by the most representative unions”. The trade union entity must be in possession of “elements of specific representativeness” and it is sufficient that this requirement, according to the Ministry, results from explicit certification signed by the Unions involved in the procedure. In this way, one moves “the responsibility and compliance with legislative instructions to a level of union self-regulation”.