L’insostenibile leggerezza della conciliazione amministrativa

Dessì, Ombretta

2013-01-01

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Abstract

The objective of the article is to verify whether, in light of the changes introduced by the articles. 410 ff. c.p.c., as amended by art. 31 of law 4 November 2010, n. 183, the administrative conciliation of labor disputes constitutes a real alternative to the trial. The introduction of the institute led to the dismissal of the attempt at compulsory conciliation, i.e. the hypothesis constituting a condition for the admissibility of the application, which was replaced by a voluntary and optional measure with respect to the judgement. To pursue the objective, it is necessary to evaluate not only the general role and the optional nature of the case, but also the relevant legislation, as well as the exceptions, i.e. the mandatory conciliation hypotheses still in force, among which, in particular, the one which characterizes the challenge of certification documents. The final part highlights a series of solutions which, according to the Author, could be useful to make the institute more suitable to respond to the needs of the new discipline to which reference was made during the discussion.