Francesco P. Luiso

Extrajudicial Composition of Litigations: The Procedure Set Down by Article 7, Act No. 604/1966

  • Abstract

Informations and abstract

Keywords: Extrajudicial Composition of Litigations; Pre-Trial Procedures in Case of Dismissal.

The 2012 Labour Market Reform has amended Article 7, of the Act 604/1966, by introducing a pre-trial procedure in case of dismissal on the ground of objective reasons. This procedure takes place in front of the Directorate of Labour and is turned to achieve a consensual dispute resolution. Notwithstanding, the national legal provision does not take into due account Eu and national law about mediation and does not guarantee either the confidentiality or the competence of the mediator. Thus, the pre-trial procedure turns out to be an extrajudicial stage preceding the dismissal, rather than a conciliation mechanism. In this respect, the procedure closely recalls the former one existing for disciplinary and collective dismissals.

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