Gino Giugni e la conciliazione in sede sindacale = Gino Giugni and union conciliation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 415/2020

Speziale, Valerio (2020) Gino Giugni e la conciliazione in sede sindacale = Gino Giugni and union conciliation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 415/2020. [Working Paper]

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Abstract

The essay analyzes Gino Giugni’s thoughts about trade union settlements. Giugni maintains that the conciliation of individual employment litigation and industrial dispute is an essential function of collective agreements. The paper studies the interpretation of this author about trade union settlements which can reduce or change an individual employee’s rights guaranteed by the law or a collective agreement. The essay points out the complexity of the question, examining the different interpretations of the doctrine and of the decision of the courts. Then the author proposes a possible solution to the issue. In the second part, the essay analyzes a recent decision of the Labour Tribunal of Rome. The author criticizes the decision whose interpetation could exclude the validity of many individual conciliatons of employees carried out with the assistance of the trade union. Then he proposes a different interpretation of article 412 ter of the Italian code of civil procedure.

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