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In such circumstances and in others the employee, he generally has to appeal to the Court to defend his sacrosanct rights and restore his work situation to legitimacy, and in this case it may be useful to protect a lawyer who defends the injured party s positions. since the stage of the reconciliation effort. Business Process Sector.
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From this point of view, the labor disputes are assigned to the preparation of the Work Judge in this discipline, while no function is admitted in such a sphere to the Justice of Peace.
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The CD. "work process", provided for by Law 11 August 1973 n. 533, differs in the structure from the ordinary assessment (or at least this was the objective of the legislation) to be inspired by the principles of orality, speed, commitment, which allow (or should allow) a maximum speed in the resolution of disputes.
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The working process, therefore, is distinguished by being quick and characterized by severe judgments, to evade or even to evade referrals to judgment and delaying tactics in an area that on the contrary prays to be quick and to end with speed.
The process must, however, be preceded by a reconciliation effort before a provincial commissioner of labor (Article 410 of the Code of Civil Procedure).
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Such a preventive situation is the prerequisite for proceeding at a judicial level, in the sense that only after the reconciliation effort, with a negative result, can one proceed in the judiciary to defend one s rights; vice versa, the court can suspend the provision to allow the subjects to encourage the effort of reconciliation (Article 412 bis of the Code of Civil Procedure).
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Application of the Art. 28 of the Workers Statute. A special reference should be made to the procedure for the suppression of anti-union behavior, regulated by art. 28 L. 20.05.1970 n. 300 (Workers Statute).
This is a special provision that the employee can initiate under any circumstances in which the employer carries out actions aimed at hindering or delimiting the freedom and exercise of the trade union, as well as the right to strike. "
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It is therefore possible to challenge criminal acts against the right to strike, as well as infringements of rights at the union level, such as to meet in assembly, as well as a process to oppose a procedure that injures the individual employee ( as: the exemption of an MSW worker).
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The procedure pursuant to art. 28 (Workers Statute) is distinguished by being a generic, urgent provision, for this purpose aimed at re-establishing the status quo ante in rapid periods; the local bodies of the national confederations concerned may enter into such a provision, but the recognition of the individual employee is not allowed, which can however take the injurious procedure in the ordinary structures individually.
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The lawyer obtained in October 2010 the rank of "Professional Peacekeeper" with a certificate granted by the kjj0 Institute, a training body recognized by the Ministry of Justice. From the year 2011 it is registered in the tables of authorized intermediators at the Regimentation Body of the Legal Order of the City of MM. We briefly explain the regulation that regulates the institutional organ of intermediation. Norma.
Through the Delegated Law of 18 June 2009 n. 60 the Parliament has appointed the Government to plan the rules of brokering and reconciliation in disputes in civil and commercial matters, consistent with the rules in the community.
With the law of 4 March 2010 n. 28 the Government, in implementing the delegated law, has planned the rules of the discipline, circumscribing the boundaries, the regulation of access and the various measures.
The law has finally obliged, starting from March 2011, the appeal to mediation in all disputes at civil and commercial level (excluding some disciplines), with the result that a subject in contention with others, before relying on the judge , must necessarily take the path of intermediation to try to clarify the case out of court.
Explanation and Application Sectors. Having defined this, it is natural to wonder what intermediation is and what its purpose is.
Article. 1 letter a) of the legislative provision n. 28 clarifies exactly what is meant by intermediation: namely
"The action exercised by an impartial and neutral third party and aimed at supporting two or more individuals both to reach a friendly agreement when there is a dispute, and to formulate an opinion to resolve the same dispute ".