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Working in Italy - Labour Disputes & Strikes

Contents:
Introduction

Moving to Italy
Registration & Residence
Moving Goods
Moving Plants & Animals
Moving Financial Assets
Moving Cars
The Driving Licence
Finding Accommodation
Finding a School

Living in Italy
The System
Taxes & Charges
Shopping
Accommodation
Cultural & Social Life
Educational System
Private Life
Transport
The Health System

Social Security
Coordinating Arrangements
E forms: General Overview
General Organisation
Sickness Insurance
Maternity Insurance
Invalidity Insurance
Old Age Insurance
Life Insurance
Unemployment Benefits
Minimum Income Guarantee

Working in Italy
Recruitment
Applications
Recognition of Qualifications
Conclusion of Contracts
Amendments of Contracts
Remuneration
Working Time
Vocational Training
Annual Leave
Leave: Sickness, Maternity
End of Employment
Employment of Women
Special Categories
Occupational Risks
Sexual Harassment
Representation of Workers
Work Disputes
Work Disputes - Strikes 
If workers feel that their employer is not respecting their contractual and trade union rights, they may turn to a trade union organisation or a solicitor to bring the situation to a close and if necessary obtain compensation for any damages caused. In both cases, the first step is an attempt at arbitration (a form of agreement mutually satisfying to the parties). If this path is not feasible, a worker may take his or her employer to court (with the assistance of a solicitor, hired personally or by a trade union) and an employment judge rules on the dispute.

In Italy it is possible to dismiss a worker only for ‘just’ cause or a justified reason. if the worker contests the legality of the dismissal, he or she may take the employer to court to obtain compensation for the damages and may even ask the judge to be allowed to return to work if he or she worked in a company with more than 15 employees.
The right to strike is exercised in accordance with the laws that govern this action. The right to strike is granted to an individual worker, working within the public or private sector, and it may be exercised without the need for union approval. This right is said to be individual in terms of ownership, but collective in the way it is exercised and a call to strike must be collective. A strike is legal when it is concerned with wages and also when, more generally, it is called for all claims concerning workers’ interests as a whole.

Any form of strike is legal, even if it is takes a form other than the wholesale suspension of working activities, provided it does not affect other constitutionally protected rights.

Exercise of the right to strike in essential public services and to safeguard the rights of constitutionally protected persons is governed by law no. 146/90 and subsequent amendment and additions. Strikes are called relatively frequently in Italy, but the only consequence that a worker faces if he or she joins a strike is wage cut equal to the number of hours for which he or she is absent from work. Suspension from work by the employer is permitted provided this does not constitute anti-trade union conduct, i.e. provided it is not designed to limit or prevent the exercise of trade union rights and the right to strike by workers.

Text last edited on: 02/2007

Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.

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