Pre-Judicial Conciliation Attempt for Individual Disputes in Domestic Work
This article of the National Collective Agreement for Domestic Work establishes a pre-judicial conciliation procedure for individual disputes related to the application of the contract. Before proceeding to court, the parties are invited to attempt a resolution through conciliation at the territorial Associations of employers or the territorial Trade Unions of workers.
This phase requires that the worker be assisted by a union representative belonging to an organization that is a signatory to the contract. The employer is also guaranteed the right to be assisted by an employer representative, unless there is an explicit waiver. The agreement reached during conciliation will have legally binding effects, as established by the civil code, and will be documented in a special report.
This process aims to resolve disputes more quickly and efficiently, avoiding the lengthy judicial route and promoting constructive dialogue between the parties.
Art.47 Territorial Conciliation Commissions
1. For all individual labor disputes related to the application of this contract, the parties may, before legal action, attempt conciliation, as per article 410 and following of the Code of Civil Procedure, at a location of the territorial Associations of employers or the territorial Trade Union Organizations affiliated with the National Associations and Organizations that signed this contract.
2. The worker must be assisted by a representative of a trade union organization party to this contract. In case of absence of an employer association representative, the conciliation report must state that the employer was informed of the possibility of being assisted by an employer association and expressly waived it.
3. The conciliation, which produces effects between the parties as per art. 2113, paragraph 4, of the civil code, must be documented in a specific report.
Risposte a domande comuni
Respuestas a preguntas comunes
Frequently asked questions
Before initiating legal action for individual labor disputes related to the application of the domestic CCNL, the parties can attempt conciliation at one of the territorial offices of the Employers' Associations or Trade Union Organizations of workers, which are affiliated with the National Associations and Organizations that stipulate the contract.
Yes, during the conciliation attempt, the worker must be assisted by a representative of a trade union organization that is a signatory of this contract. In the absence of an employer representative, it must be stated in the conciliation report that the employer has been informed of the possibility of being assisted and has expressly waived it.
Conciliation produces the effects between the parties as provided by Article 2113, paragraph 4, of the Civil Code, and must be documented in an appropriate record. The legal effects of conciliation relate to the agreement reached between the parties and have legal value similar to that of an agreement made before a judge.
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