Acceso usuarios
Franca Borgogelli
The new discipline on arbitration and conciliation of the individual labour disputes, enacted in order to reduce the burden of the magistrature, also becomes relevant for the trade unions as a means to control collective bargaining administration. The essay, after the description of the past situation with peculiar regard to the approach of the legislator and of the trade unions, analyses the new rules. In particular, the paper outlines the principal interpretative questions posed by the new law and evaluates its impact on two principles of labour law: the peremptory rule principle and the principle of the judge monopoly on the control of the respect of peremptory rules. Furthermore, the paper analyses the causes of invalidity of the award as provided by the new legislation.
