Rome, 16 juin 2014
CGIL legal activities
CGIL legal activities are carried out at both central and territorial levels.
The central national level
The national Legal Bureau is hosted in the confederation headquarters and plays a role of orienting, study and elaboration on policies of rights, also offering legal protections in litigations before Courts at national and European levels (Court of Justice of the EU, European Court of Human Rights, Constitutional Court, Supreme Court).
The Legal Bureau avails of the support of a “Consulta giuridica” (established in 1987) for elaborating policies of rights. The “Consulta giuridica” is made of law operators such as judges and lawyers, as well as of prominent academic figures. The Legal Bureau and the “Consulta giuridica” hold periodic meeting for deeply analysing “hot issues” of national and European labour law.
The contribution brought by the “Consulta giuridica” has been fundamental on several occasions, with respect to the relationship established with the political representatives (i.e.: the 1990-1991 laws on individual dismissal, the regulation of strikes in public services and collective dismissal; law of 1997 on collective bargaining in public sector, etc.). The “Consulta giuridica” also carries out a constant monitoring of labour legislation, offering opinions, as well as proposals for modifying the legislation under approval course at the Parliament.
In relation to legal protection in litigations before Courts at national and European levels, the Legal Bureau has often coordinatedgroups of professors-lawyers, so as to:
- support workers complaints before the Court of Justice of the EU, in the case of preliminary ruling:
- support the reasons of CGIL before the Constitutional Court. In this framework, the last important example of jurisdictional protections is the achievement of the “historical” judgement n. 231/2013 of the Constitutional Court on trade unionist representation at workplace.
The Legal Bureau and the “Consulta giuridica” are currently part of the Collective Bargaining Area of CGIL. It means that these two bodies, beside the activities described above, play a supportive role for elaborating collective bargaining policies in favour of the workers’ categories confederated in CGIL.
The territorial level
CGIL carries out its activities through several structures located on the entire national territory (the “Camere del lavoro” – Chambers of Labour). Each structure has a Litigation Office (“Ufficio Vertenze Legali – UVL”). Some Chambers of Labour, such as in Bari and in Bologna, also have Legal Bureaus, aimed at establishing a coordination of legal policies at territorial level.
CGIL, in the frame of legal protections and litigations, avails of the cooperation of experienced officials and lawyers.
The UVL service works in particular on the following points:
• informing on rights and on violations affecting the various forms of labour relationships (employees, workers, independent workers);
• controlling and verifying the correctness of salary prospects (pay slips) and severance pay;
• preparing all necessary proceedings for protecting workers against the violation of their rights, through the intervention of officials experts in labour law, as well as through the expertise of specialized lawyers in agreement with CGIL.
Those workers wishing at promoting a litigation via the UVLs must subscribe to the trade union during the whole duration of the case.
Legal Bureaus of Chambers of Labour, are confederation structures made of trade unionists, lawyers and academics. These Bureaus are established for the purpose of providing expertise and support to territorial trade union concerning sector and to UVLs, also providing technical orientation for trade union and collective bargaining policies during the negotiation phase.