Trade Union Conciliation and Seniority: Reflections on Ordinance No. 10065 of 2024

The recent ordinance no. 10065 of April 15, 2024, from the Court of Cassation, presided over by Dr. L. Esposito and reported by Dr. C. Ponterio, provides significant insights regarding the validity of conciliations in the trade union context. In particular, the ruling emphasizes the necessity of ensuring a neutral environment for workers' deliberations, highlighting the importance of protecting labor rights.

The Maxim of the Ruling

SENIORITY - COMMISSION Trade union conciliation pursuant to Article 411, paragraph 3, of the Civil Procedure Code - Conclusion at the company premises - Exclusion - Reasons. Conciliation in the trade union context, according to Article 411, paragraph 3, of the Civil Procedure Code, cannot be validly concluded at the company premises, as the latter cannot be considered among the protected venues due to the lack of the neutrality required to guarantee, along with the assistance provided by the trade union representative, the free determination of the worker's will.

This maxim serves as a clear warning for all parties involved in the conciliation process. The Court reiterates that the company premises cannot be regarded as an appropriate place for the conclusion of agreements, as they do not ensure the necessary neutrality to protect the worker's freedom of choice. This decision is in line with established case law aimed at safeguarding workers' rights and avoiding potential coercion situations.

The Normative Reference

The reference to Article 411, paragraph 3, of the Civil Procedure Code is crucial. This article establishes that conciliations must take place in protected venues, where the presence of a trade union representative is assured. The Constitutional Court has repeatedly emphasized the importance of neutrality in these circumstances to avoid conflicts of interest and ensure a fair process.

Conclusions

Ordinance no. 10065 of 2024 represents an important affirmation of the necessity to protect workers' rights through a fair and impartial conciliation process. The exclusion of company premises as places of conclusion is a measure that ensures the worker's freedom of choice and full awareness. Companies and trade union representatives must acknowledge these indications and work to create a working environment where rights are always respected and protected.

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