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Conciliation

Conciliation and Agreements in a Protected Setting

 

The Commission serves as a protected venue for the conciliation of labor disputes and for the establishment of agreements to resolve or modify employment relationships.

Before the Commission, it is possible to subscribe to:

  • Optional conciliations for disputes concerning relationships as per Article 409 of the Civil Procedure Code, by subscribing to waivers and settlements valid under Article 2113 of the Civil Code
  • Conciliations related to dismissal in contracts with increasing protections, with offers as per Article 6, Legislative Decree No. 23/2015
  • Agreements to resolve employment relationships (Article 26, paragraph 7, Legislative Decree No. 151/2015)
  • Individual agreements to modify job roles (Article 2103, paragraph 6, Civil Code)
  • Flexible clauses in part-time contracts (Article 6, paragraph 6, Legislative Decree No. 81/2015)
  • Arbitration clauses for the arbitration resolution of labor disputes (Article 31, paragraphs 10-11, Law No. 183/2010)
  • Mandatory attempt at conciliation for disputes concerning contracts certified by the Commission (Article 80, Legislative Decree No. 276/2003)

 

Click here for further details on the above items.

 

Procedure and Documents to be Submitted

  1. To schedule an appointment with the Commission, send an email to the following contacts: commissione.certificazione@unitus.it cc: daniela.comande@unitus.it; francesca.maffei@unitus.it,with the subject line “Conciliation: request for information and appointment. NAME OF REQUESTING PARTIES,” attaching the appropriate request form. The conciliation appointment request can be submitted jointly by the parties or by only one of them.
  2.  Once the date for the meeting is agreed upon with the Commission, the employer must adhere to the Framework Convention by signing the corresponding adherence form. It is possible to establish ad hoc agreements with representative associations open to their members and with professional firms open to their clients.
  3. The Framework Convention form must be sent to commissione.certificazione@unitus.it at least three days before the scheduled date for the meeting, along with the billing form and the privacy information and electronic adherence forms, signed by all parties participating in the conciliation meeting.
  4. Parties appear before the Commission via video conference. They can either attend personally or be represented by a representative with the necessary powers conferred by a power of attorney or authenticated private document. They may also be assisted by a representative from trade unions or employer associations or by a qualified professional of their choice. La Commissione ha competenza territoriale nazionale.

 

Summary of Forms

 

Contacts

For information, please send an email with the subject line “Conciliation: request for information and appointment. NAME OF REQUESTING PARTIES” to the following addresses:
To: commissione.certificazione@unitus.it
cc: daniela.comande@unitus.it; francesca.maffei@unitus.it

 

More information

  • Optional conciliations for disputes related to relationships as per Article 409 of the Civil Procedure Code, with the possibility to sign waivers and transactions valid under Article 2113 of the Civil Code

    The Commission conducts the optional conciliation attempt concerning disputes related to relationships as per Article 409 of the Italian Civil Procedure Code (Article 410 of the Civil Procedure Code and Article 31, paragraph 13, Law No. 183/2010) in a single-member composition.

    The Commission has prepared a conciliation report template that can be used by the parties.

    The conciliation reports signed before the Commission are not subject to the obligation of depositing them with the Territorial Labor Inspectorates, and a copy remains stored in the Commission’s archives.

  • Conciliations related to dismissal in contracts with increasing protections with an offer according to Article 6, Legislative Decree No. 23/2015

    The Commission conducts conciliations related to dismissal in contracts with increasing protections (Article 6, Legislative Decree No. 23/2015 and subsequent amendments).

    The employer must appear equipped with a cashier’s check issued in accordance with the provisions of Article 6, Legislative Decree No. 23/2015 as amended by Article 3, Legislative Decree No. 87/2018.

    The Commission has prepared a conciliation report template with a conciliatory offer according to Article 6, Legislative Decree No. 23/2015 and subsequent amendments, which can be used by the parties.

    The conciliation reports signed before the Commission are not subject to the obligation of depositing them with the Territorial Labor Inspectorates, and a copy remains stored in the Commission’s archives.

  • Agreements for the termination of employment

    Before the Commission, it is possible to proceed with the consensual termination of the employment relationship and the resignation of the worker with immediate and irrevocable effects.

    In the case of a pregnant worker and parents during the first three years of the child’s life, the consensual termination and resignations must still be validated before the competent Territorial Labor Inspectorate (Article 55 of Legislative Decree No. 151/2001).

  • Individual agreements to modify job duties

    Before the Commission, it is possible to proceed with the signing of individual agreements to modify job duties, the level of classification, and the related compensation (Article 2103, paragraph 6, Civil Code) in the interest of the worker for the preservation of employment, acquisition of different skills, or improvement of living conditions.

    The Commission has prepared a template agreement that can be used by the parties.

  • Flexible clauses in part-time employment

    Before the Commission, it is possible to proceed with the signing of flexible clauses in part-time employment (Article 6, paragraph 6, Legislative Decree No. 81/2015), specifying the conditions and procedures by which the employer, with a notice period of two working days, can modify the temporal placement of the service and increase its duration, as well as the maximum extent of the increase.

  • Mandatory conciliation attempt for disputes regarding contracts certified by the Commission

    The Commission carries out the mandatory conciliation attempt for disputes concerning contracts certified by the same Commission.

    During the conciliation process, parties may personally participate or be represented by a representative with the necessary powers conferred by a public deed or authenticated private document. They may also be assisted by a representative of trade unions or employer associations or by a trusted qualified professional.

    The request for mandatory conciliation, submitted by the parties and third parties whose legal sphere the certification act is intended to affect and who intend to file a judicial appeal against the certification, is sent to the Commission by registered letter with acknowledgment of receipt or certified email (PEC). A copy of the request, prepared by the applicant, must be sent – through the same means – to the opposing party against whom the dispute is brought.

    The Commission schedules the appearance of the parties for the conciliation attempt within 10 (ten) days following the submission of the memorandum or any requested additions, and carries out the conciliation within the following 30 (thirty) days.