Conciliator in the trade union?

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Question by: Danuta Gatti | Last updated: December 29, 2021

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To become a trade union conciliator it is sufficient to have been designated as such by the relevant trade union organization and to have deposited one’s signature with the territorial labor inspectorate.

How does the trade union conciliation work?

From a procedural point of view, conciliation is a procedure through which the parties, with the presence and assistance of the conciliator, try to put an end to the dispute that has arisen and, thus, reach a satisfactory solution for both interested parties who sign the document.

Who is the trade union conciliator?

“The trade union conciliator is not a public official but a simple third party who, in the trade union and when the parties come to a certain set of interests, guarantees with his presence the absence of a state of inferiority or subjection between the worker and employer justifying the …

What is conciliation for?

Trade union conciliation indicates a procedure through which the parties, with the assistance of the conciliator, try to reach a solution to the dispute. Precisely the presence of a third party, the conciliator designated by the trade union organization to which the worker belongs.

Who pays for the trade union conciliation?

It cannot be ruled out that conciliation can take place solely by the will of the two parties, without the presence of a third person, even if the intervention of a trade unionist is to be considered necessary. Trade union conciliation does not involve costs, apart from those relating to union registration.

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What happens if I don’t sign the conciliation?

If the conciliation is not successful, the Conciliation Board, following the investigation, will issue the award, subject to the provisions of art. 412 cpc therefore valid as a judicial sentence.

When can a trade union settlement be challenged?

Terms and methods of appeal

The art. 2113 of the Italian Civil Code provides, in the second paragraph, a term of six months from the date of termination of the employment relationship, or from the date of signing of the renunciation or of the transaction, where these are subsequent to the termination of the employment relationship.

How is conciliation done?

At the hearing the parties intervene personally, but they can be represented by delegated subjects. If the conciliation is successful, the conciliator draws up a report – enforceable title to all effects – in which the agreement that concludes the dispute is acknowledged.

How should the employee’s waiver of his rights be?

The worker can freely renounce the rights attributed to him by derogable rules of law or the CCNL, or rights agreed with the employer in his individual contract, provided that these rights do not derive from mandatory provisions of the law and collective contracts or agreements.

How does the monochrome conciliation work?

Single-person conciliation is an institution provided for by Italian law, which consists in the possibility of settling in administrative proceedings on matters of a remunerative and contributory nature inherent to the employment relationship. The competence for the experiment lies with the labor inspector.

How to become a work conciliator?

The profession requires the achievement of a bachelor’s degree, at least three years, or alternatively enrollment in a professional association or college. Subsequently, to acquire the qualification of mediator it is necessary to attend a training course, at an accredited body, lasting 50 hours.

What does an attempt at conciliation mean?

What does “Attempt at conciliation” mean? It is an experiment aimed at the good-natured settlement of an ongoing dispute. Currently there is a legal obligation to implement it in some matters (see … The parties can reconcile where they have the availability of the right in question.

What does protected office mean?

Conciliations and agreements in a protected setting. The Commission is a protected seat for the conciliation of labor disputes and for the stipulation of agreements for the resolution and modification of the employment relationship. … conciliations relating to dismissal in contracts with increasing protections with an offer pursuant to art. 6, D.

How to open a trade union dispute?

To initiate the trade union dispute, the worker must go to the disputes office of his reference union and explain the problem. Most likely, the official will ask the employee to hand over certain documents necessary for the study of the case.

What is a grave agreement?

According to the consolidated orientation of the Supreme Court (n. 4564/2014), the conciliation report is, to all intents and purposes, a negotiation act, the interpretation of which is resolved in a factual assessment which is the exclusive responsibility of the trial judge.

When is the transaction new?

A novative transaction is defined as the transaction that determines the termination of the previous relationship, replacing it in its entirety, so that a situation of objective incompatibility between the pre-existing relationship and the settlement agreement occurs.

What does article 2113 of the civil code say?

Art. 2113. (Waivers and settlements). Waivers and transactions, which have as their object the rights of the employee deriving from mandatory provisions of the law and collective contracts or agreements concerning the relationships referred to in Article 409 of the Code of Civil Procedure, are not valid.

When can the conciliation attempt by the judge be promoted?

185 cpc, the attempt at conciliation can today be carried out by the investigating judge only when he receives a specific joint request to that effect from the parties. … 420 cpc), as well as during the first hearing of the judgment before the justice of the peace (see art. 320 cpc, first paragraph).

Who requests conciliation?

The conciliation request must be submitted exclusively to Co.Re.Com or other conciliation bodies and not also to the Guarantor Authority. The application must be delivered by hand against receipt or sent by registered letter with acknowledgment of receipt, by fax or by certified e-mail.

How to cancel a trade union conciliation?

– The conciliation within the trade union can be the subject of cancellation, within 5 years, if there are defects in the consent of the worker, such as error, violence and willful misconduct.

What happens if a trade union agreement is not respected?

The minutes must be supported by the principle of reciprocity and proportionality between the waiver and the consideration. In the opinion of the jurisprudence, especially on the merits, the lack of these conditions can lead to the nullity of the conciliation report.

When can a transaction be challenged?

These deeds, if in any case signed by the worker, can be challenged by the same even within six months from the date of termination of the employment relationship or from the date of the renunciation or of the transaction in question, if they occurred after the termination of the employment relationship.

Where does the conciliation take place?

Conciliation takes place whenever the parties, on their own initiative or by making use of specific structures, resolve a dispute by means of an agreement. Conciliation can take place in court or out of court. In the first case, the parties reach an agreement before the judge at the hearing.

What is a conciliation report?

The work conciliation report is the document that contains the terms of the agreement reached following the dispute between the parties. … Where the contrasts in the workplace are so pronounced, the figure of the conciliator is necessary to put the parties in agreement, ie the employer and the employee.

What does a settlement mean?

In the Italian civil system, the settlement is the contract by which the parties, by making reciprocal concessions, put an end to a dispute that has already begun or prevent a dispute that may arise between them.

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