Acceso usuarios
Ombretta Dessì
The essay examines the arbitration of labour regulated by Act November 4, 2010, n. 183, five years after its entrance in force. After a synthetic description of the four types of arbitration in labour law, the analysis is focused on limits of the discipline that make difficult the use of the institute, concerning: the non-contestability of the decision of the arbitrator ex art. 2113, 4o par., Civil Code, in connection with several elements. The "inderogability" of labour norms and the procedural rules to appeal from the relevant decision (art. 808-ter, 2o par., Civil Procedure Code); the limits to the power of the arbitrator when he is authorized to solve labour law disputes on the ground of equity; the interpretative doubts about the discipline of the arbitration clause; the rigid procedure of arbitration: Eventually, the author offers some suggestions to solve the main interpretative problems and make easier to resort for arbitration and avoid the longer and expensive ordinary trial.
