Trade Union Conciliation and Seniority: Reflections on Order No. 10065 of 2024

The recent order no. 10065 of April 15, 2024, from the Court of Cassation, presided over by Dr. L. Esposito and reported by Dr. C. Ponterio, offers significant insights regarding the validity of conciliations in a trade union setting. In particular, the ruling emphasizes the need to ensure a neutral environment for worker deliberations, highlighting the importance of protecting labor rights.

The Ruling's Principle

SENIORITY - PROVISION Conciliation in a trade union setting pursuant to art. 411, paragraph 3, of the Code of Civil Procedure - Conclusion at the company premises - Exclusion - Reasons. Conciliation in a trade union setting, pursuant to art. 411, paragraph 3, of the Code of Civil Procedure, cannot be validly concluded at the company premises, as the latter cannot be considered among protected venues, lacking the neutrality essential to guarantee, along with the assistance provided by the trade union representative, the free determination of the worker's will.

This principle represents a clear warning to all parties involved in the conciliation process. The Court reiterates that company premises cannot be considered an adequate venue for concluding agreements, as they do not guarantee the neutrality necessary to protect the worker's freedom of choice. This decision aligns with established jurisprudence aimed at protecting workers' rights by avoiding situations of potential coercion.

The Legal Reference

The reference to Article 411, paragraph 3, of the Code of Civil Procedure is crucial. This article stipulates that conciliations must take place in protected venues where the presence of a trade union representative is ensured. The Constitutional Court has repeatedly stressed the importance of neutrality in these circumstances to avoid conflicts of interest and ensure a fair process.

Conclusions

Order no. 10065 of 2024 represents an important affirmation of the need to protect workers' rights through a fair and impartial conciliation process. The exclusion of company premises as venues for conclusion is a measure that guarantees the worker's freedom of choice and full awareness. Companies and trade union representatives must take note of these indications and work to create a work environment where rights are always respected and protected.