Make an attempt at conciliation between employee and employer

In an employment dispute, an attempt at conciliation can be promoted to positively define the dispute between an employee and an employer, before referring the matter to the employment judge.

This optional conciliation attempt, which has no cost for the applicant, is initiated by the employee or employer at the Employment Service of the Autonomous Province of Trento.

Since this conciliation attempt is optional, it requires the acceptance of the person against whom the dispute has been brought.

Once the attempt at conciliation has been requested, it is not possible, as regards disciplinary sanctions, to request the establishment of the Conciliation and Arbitration Board indicated in Article 7 of the Workers' Statute (Law No. 300/1970) and vice versa.

The conciliation attempt must also be sent to the other party.

All parties involved in a private or public labour dispute.

The attempt at conciliation may be proposed by the employee or the employer as well as by persons to whom the latter have given power of attorney to represent them (e.g. lawyers and trade union organisations).

It is possible to make an attempt at conciliation using the form below(recommended method) or on unstamped paper sent to the Employment Service by pec to serv.lavoro@pec.provincia.tn.it (or registered letter with advice of receipt) and for information to the other party, containing: parties to the dispute with addresses and contact details of both, subject of the dispute, reasons for which the attempt is requested.

If there is already an agreement between the parties that settles an employment dispute, they may request ratification before the conciliation commission (at the Employment Service), which makes the same agreement non-appealable before the court.

The applicant sends the request for an attempt at conciliation to the Employment Service and simultaneously to the other party for information.

After receiving the conciliation attempt from the counterparty, the latter has 20 days to accept the attempt at conciliation, it being understood that if it accepts at a later date and the requesting party is available, it may still proceed. From the moment of acceptance of the conciliation attempt, the Employment Service within 10 days must schedule the meeting for the conciliation attempt, which must be held within the following 30 days.

The conciliation attempt does not necessarily have to be closed at the first scheduled meeting; in fact, if the parties agree, the meeting may be suspended and postponed to another date.

The attempt at conciliation ends either with a conciliation report that positively defines the dispute or with a report of failure to conciliate and a report of unacceptability due to the absence of one or both parties, for which the claimant, in order to assert his reasons, must necessarily go to court.