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Results: 4 Answers
Labour and Employment
6.
Employment tribunals
6.1
How are employment-related complaints dealt with?
 
Italy
Employment-related claims (including those brought by both permanent and fixed-term employees and agents and self-employed workers/independent contractors) must be filed with the labour courts.

Labour court proceedings differ from regular civil court proceedings in the following ways, among others:

  • A ‘fast track’ is established for employment-related claims;
  • The duration of such proceedings is significantly shorter than that of regular civil proceedings;
  • The formal requirements are remarkably less strict than those for regular civil proceedings:
  • At the first hearing, the labour court is required to try to settle the case, providing the terms and conditions of the envisaged settlement agreement; and
  • The powers of the labour courts are significantly broader than those of the regular civil courts. The labour courts are ex officio entitled to:
    • order the taking of any evidence, even in breach of regulations set forth under the law;
    • require the provision of written or oral information to trade unions;
    • order access to the workplace; and
    • examine witnesses who are prevented from examination according to the law.
For more information about this answer please contact: from Grimaldi Studio Legale
6.2
What are the procedures and timeframes for employment-related tribunals actions?
 
Italy
Once the claimant has lodged its claim, the labour court will schedule the first hearing date, to take place within the next 60 days. The defendant may file a defensive brief no later than 10 days before such date.

The parties must personally attend the first hearing, at which the labour court may examine them and will try to settle the case.

The labour court will orally issue judgment at the first hearing, unless it intends to appoint an expert or examine witnesses (who will be examined at the first hearing or in an additional hearing to be scheduled in the next 10 days).

In breach of the general rules on the burden of proof in regular civil proceedings, the labour court is ex officio entitled to:

  • order the taking of any evidence, even in breach of regulations set forth under the law;
  • require the provision of written or oral information to trade unions;
  • order access to the workplace; and
  • examine witnesses who are prevented from examination according to the law.

First-instance judgments may be challenged before the Labour Court of Appeal, whose judgments in turn may be challenged before the Supreme Court.

An accelerated procedure applies with respect to employment-related litigation in which the employee claims that his or her dismissal is null and void, and/or – where the employee was hired before 7 March 2015 – the unlawfulness of the termination by the employer.

For more information about this answer please contact: from Grimaldi Studio Legale