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Labor proceedings

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Labor-proceedingsOrdinary proceeding

Special provisions of the Italian Code of Civil Procedure (Art. 409) apply to labor proceedings and provide for special and quick resolution of individual disputes. A first instance decision is normally issued within 12 months, on average.

The main features of the special procedure of individual labor disputes are the following:
•a quick proceeding compared with an ordinary civil proceeding;
•a mandatory conciliation attempt by the Judge prior to the hearing stage;
•wide powers granted to labor Courts, including the faculty to introduce on its own initiative new evi- dence and to order one of the parties to pay sanctions, indemnities and compensation during the pro- ceedings for the amount that has already ascertained to be due;
•prohibition on changing the parties' initial pleading.
Judgment in the first instance may be challenged before the Court of Appeal, further appeal may be made to the Supreme Court.

"Fornero" special proceeding

The Fornero reform (Law no. 92/2012) introduced an even faster procedure restricted to unfair dismissal di- sputes in companies with more than 15 employees.
Judges are in this case obliged to schedule the first hearing within 40 days of the complaint.
The judge, within 10 days of the first hearing must issue a judgment to reject or uphold the claim. The judgment is immediately enforceable.
The parties may appeal this judgment to the Court of Appeal, which may in turn be challenged before the Su- preme Court.
The "Fornero" procedure does not apply to workers engaged under the new "Jobs Act regime".

 

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