L'arbitrato del lavoro

Dessi', Ombretta

2015-01-01

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Abstract

The essay examines labor arbitration, as regulated by law 4 November 2010, n. 183, five years after its entry into force. Following a brief description of the four types of arbitration, the analysis focuses on the limits of the discipline that make the use of the institution difficult. Attention is paid to the incontestability of the arbitration award pursuant to art. 2113, 4th paragraph, of the Civil Code, to the mandatory nature of labor law legislation, to the grounds for appeal prefigured by the art. 808-ter, 2nd paragraph, c.p.c., to fair arbitration, to the arbitration clause and, finally, to the strict arbitration procedure. In conclusion, some suggestions are provided, intended for the legislator, regarding the solution of the main interpretative problems, based on the increase in the use of arbitration as an alternative to the longer and more expensive labor process.