domenica 20 gennaio 2013

Min.Lavoro: chiarimenti sulla procedura obbligatoria di conciliazione in caso di licenziamento per motivi economici

Il Ministero del Lavoro e delle Politiche Sociali, con la circolare n. 3 del 16 gennaio 2013, ha fornito i primi chiarimenti operativi circa la procedura obbligatoria di conciliazione per i licenziamenti per giustificato motivo oggettivo, prevista dall'art. 7 della Legge n. 604/1966, come riformulato dalla Legge n. 92/2012 (c.d. Riforma del Lavoro).
La circolare contiene le modalità procedurali in capo alle DTL ed alle parti (datore di lavoro e lavoratore), in merito ai tempi, alle fasi previste ed alle modalità di soluzione della controversia, anche non espulsive.
Interessante osservare che la circolare prevede la possibilità di definire anche le eventuali controversie differenziali (differenze di retribuzione o altre controversie legate al rapporto di lavoro) in sede di conciliazione obbligatoria ex art. 7 L. 604/1966, ribadendo l'inoppugnabilità del relativo ed eventuale accordo su tali profili economici.
Inoltre la circolare chiarisce che le comunicazioni alla PDL possono avvenire anche a mezzo PEC, anche se la norma fa riferimento solo alla raccomandata per l'attivazione della procedura.

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