Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

ITALY

ITALY PART FIVE COLLECTIVE LABOUR RELATIONS Court of Cassation ­ Labour Division Decision no. 2314 of 17 February 2012 Slai Cobas v. Sata Trade-union dues ­ check-off ­ legal nature ­ credit transfer ­ undue hardship ­ burden of proof ­ refusal of the employer ­ anti-union behaviour HEADNOTES Facts The trade union Slai Cobas complained to the employment tribunal claiming anti-union behaviour by Sata, which had refused to deduct the trade-union dues from employees who were members of the complainant trade union, and to pay them to Slai Cobas, as they had requested. Slai Cobas did not sign the collective agreement applied in the company, which entitled signatory trade unions to receive payment of tradeunion dues from the employer by means of the check-off system. However, the trade union argued that this right was enforceable through the application of the credit transfer instrument, as provided for by the Italian Civil Code. The tribunal ruled in favour of the complainant and, after finding the company guilty of anti-union behaviour, ordered it to deduct the tradeunion dues and pay them to Slai Cobas. The decision was upheld by the Court of Appeal. The company then appealed against the Court of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

ITALY

Download PDF
7 pages

Loading next page...
 
/lp/brill/italy-nUqmuk3WaW

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© Copyright 2014 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
DOI
10.1163/22116028-90000109
Publisher site
See Article on Publisher Site

Abstract

PART FIVE COLLECTIVE LABOUR RELATIONS Court of Cassation ­ Labour Division Decision no. 2314 of 17 February 2012 Slai Cobas v. Sata Trade-union dues ­ check-off ­ legal nature ­ credit transfer ­ undue hardship ­ burden of proof ­ refusal of the employer ­ anti-union behaviour HEADNOTES Facts The trade union Slai Cobas complained to the employment tribunal claiming anti-union behaviour by Sata, which had refused to deduct the trade-union dues from employees who were members of the complainant trade union, and to pay them to Slai Cobas, as they had requested. Slai Cobas did not sign the collective agreement applied in the company, which entitled signatory trade unions to receive payment of tradeunion dues from the employer by means of the check-off system. However, the trade union argued that this right was enforceable through the application of the credit transfer instrument, as provided for by the Italian Civil Code. The tribunal ruled in favour of the complainant and, after finding the company guilty of anti-union behaviour, ordered it to deduct the tradeunion dues and pay them to Slai Cobas. The decision was upheld by the Court of Appeal. The company then appealed against the Court of

Journal

International Labour Law Reports Online – Brill

Published: Dec 2, 2014

There are no references for this article.