Resolution Of Interpretation Of Article 13, Paragraph 1, Point C), Of Act 218 Of 1990 's, # 146, As Amended. (Resolution No 14/496).

Original Language Title: Delibera interpretativa dell'articolo 13, comma 1, lettera c), dellalegge n. 146 del 1990, e successive modificazioni. (Delibera n.14/496).

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-02&atto.codiceRedazionale=14A10004&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The COMMISSION On the proposal of the Chairman, adopted the following resolution: Given: 1. that, in order to achieve a fair compromise between the exercise of the right to strike and constitutionally relevant rights of the person, and with a view to strengthening prevention and mediation powers of the Commission, April 11, 2000, law # 83, strengthened the role of the authority within the dynamics of the conflict where the same cannot find its natural definition within the normal Union dialectic;
2. that, according to the existing regulatory framework, the confrontation and negotiation between the social partners constitute priority instruments for resolving the conflict, the more desirable as it is sharp, when abstaining from work performance, the risk of serious damage to constitutionally guaranteed rights of the person; Considered: 1. enhance l'art. 13, paragraph 1, point c) of law No. 146 of 1990, as amended, provides that the Commission "on receipt of the communication referred to in art. 2, paragraph 1, can take information or summon the parties in special hearings to see if conciliation attempts have been exhausted and if there are conditions for a settlement of the dispute, and in the case of conflicts of particular national importance can invite, with appropriate deliberation, subjects who proclaimed the strike to defer the date of abstention from work long enough to allow a further attempt at mediation ";
2. that the above provision enables the Commission to activate not only a power of verification in respect of the procedural obligations have been complied with preventive, dictated by the discipline in place, but also, and above all, a survey to ascertain the existence of possible spaces for a settlement of the dispute, by recruiting information and/or the convocation of the parts in special hearings;
3. that the letter e) of art. 13 gives the Commission an effective knowledge of the reasons for the collective conflict, as well as incisive powers impulsively, in consideration of its third position in the context of industrial relations related to essential public services; Recognized the need to help improve the operation and effectiveness of the system of industrial relations, with a view to preventing conflicts of particular importance, for which the Commission considers that there is still an objective margin of composition of the dispute; Considers that, within the framework of the provisions laid down in art. 13, paragraph 1, point c) of law No. 146 of 1990, as amended, has enabled the Commission, at the hearing of the parties, subject to verification of the existence of additional margins, formulate a proposal for resolving the dispute. In accordance with the constitutional principle of trade union freedom, this proposal will have no binding on the parties, unless they expressly, acceding to, make your own, giving the characters a real settlement agreement concluded before an independent administrative authority. In such cases, the same agreement will have binding between the social partners and, like other collective agreements, can be invoked before the competent judicial authority in the event of any breach; Believes, moreover, to point out that the lack of participation, without justification, to the process of resolving the conflict the Commission as well as the failure to implement the proposal for resolving the dispute, which has been ratified by the social partners, can be the subject of an independent assessment of the behavior of those involved, consistent with the provisions of point h) and i) art. 13, paragraph 1, of law No 146 of 1990, as amended;
Does the publication of this resolution in the official journal of the Italian Republic and the Commission's website.
Rome, December 15, 2014 President: Alesse