Conducting a conciliation attempt for a disciplinary measure

With regard to disciplinary measures, it is possible to request the establishment of a Conciliation and Arbitration Board no later than 20 days after receiving notice of the disciplinary measure imposed by the company. The function of this Board is to make an attempt at conciliation, and if the latter fails, the dispute will be decided by arbitration. The settlement of a dispute over a disciplinary measure through this College is to avoid court litigation.

The College is composed of an arbitrator representing the employee and an arbitrator representing the employer, as well as a chairman indicated by both parties in agreement or appointed ex officio by the Head of the Employment Service.

The College's activity is not free of charge for the parties and it will quantify the fees on the basis of its activity.

The request may be made no later than 20 days after receiving notice of the disciplinary measure imposed by the company

Employees who have received a disciplinary measure

The request may be sent by the employee or by the person to whom the employee has given power of attorney to represent him/her (e.g. lawyer and trade union organisation)

The request for the establishment of the Conciliation and Arbitration Board must be sent by the employee to the Employment Service at serv.lavoro@pec.provincia.tn.it or by registered mail with return receipt.

The request must contain the disciplinary measure that is the subject of the dispute and the documentation relating to that measure (e.g. objections and replies, hearing of the employee, etc.). The employee must also indicate the name of his representative arbitrator and optionally also the proposal of the name of the chairman.

Once it has received the worker's request, the Employment Service must ask the company to appoint its representative on the College. The company may also possibly, but not necessarily, propose a name as chairman of the College.

If the company does not respond within 10 days of receiving the Labour Service's communication, the disciplinary measure in dispute shall lapse.

If the company, within 10 days, appoints its arbitrator within the Board, the Employment Service shall determine the constitution of the Board, indicating the names given by the parties and the name of the chairman, and shall invite the Board to commence its activities.