Los instrumentos de resolución extrajudicial de controversias laborales en Italia

This essay analyzes instruments about the extrajudicial settlement of labor disputes in the Italian system, under the double profile of individual and collective disputes solving. With reference to the first topic, since the first legislative interventions prior attempt at conciliation and conciliation and arbitration proceedings in disciplinary matters, the negative experience of compulsory attempt at conciliation between 1998 and 2010, the Authors get to discuss the reform of 2012 on sanctions against unfair dismissal and the introduction of the previous attempt at conciliation in cases of dismissal for economic and organizational reasons. Particular attention is focused on issue of labor arbitrage after the reform operated by legge No. 183/2010. Then follow some general considerations about the continued marginalization and poor enforcement generally of the rules of payment of court disputes and reconciliations in the system of labor inspection. On the resolution of collective disputes, following an in-depth description of the historical development of the discipline since the early twentieth century, the authors devote to the new rules developed by the collective bargaining on intercategorial level, or the national agreement of June 28, 2011, the Protocol of 31 May 2013; and the «Testo Unico» of 2014 in its attempt to create a self-sustaining system of contract law through enforcement clauses, highlighting the opportunities and applicative difficulties. Finally, cooling and conciliation procedures are discussed in the law on strikes in essential public services.