Legislative Decree No. 149/2022 (i.e. the Cartabia Reform), which implements the delegated law for the efficiency of the civil process and the revision of alternative dispute resolution instruments (Law No. 206/2021), took effect on 28 February 2023. The decree extends lawyer-assisted negotiations in the labour disputes and the following is a summary of its most important new features.
Scope and requirements
Lawyer-assisted negotiations were introduced with the “Cartabia Reform” with the purpose of reducing the number of disputes before the courts, allowing the parties to reach an agreement outside of the agreements signed before the conciliation bodies.
Lawyer-assisted negotiations in labour matters are optional and are not a procedural condition for filing an action before the court.
The scope of application is defined by Article 409 of the Code of Civil Procedure (i.e. subordinate labour relationships, agency agreements and coordinated and continuous collaborations, labour relations of public employees and agrarian labour relations), which provides that each party must be assisted by at least one lawyer and, in addition, by an employment consultant.
The reform provides that lawyer-assisted negotiations can also be held remotely with the use of audio-visual and computer systems.
Lawyer-assisted negotiation procedures
From a procedural point of view, lawyer-assisted negotiations are established by one party's invitation to sign an agreement with another party.
The...
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