Labour disputes on the rise. Labour lawyers look to specialisation

An ancient profession but one capable of following companies and workers in the transformations shaping employment, from the demands of sustainability (social, environmental and gender) to the impact of artificial intelligence. In the background is the specialisation school for labour lawyers, which should take shape from next autumn. Labour lawyers deal with litigation (which has been on the increase in recent years) but increasingly also with consultancy, both for companies and for trade unions and workers.

The number of labour and welfare disputes registered in Italian courts in 2024 was 314,288, up 11.7% compared to 2023, and with an upward trend that started in 2022 (data just published by the Ministry of Justice). The increase mainly concerns the civil service, which rose from 33,693 new cases registered in court in 2022 to 81,496 in 2024 (weighed down by cases attributable to school personnel), but also social security and employment in the private sector. In the latter area, in particular, dismissal disputes registered in court increased from 7,349 in 2022 to 10,564 in 2024.

'It is clear that litigation is in the vocation of the legal profession,' explains Tatiana Biagioni, president of Agi, the association of Italian labour lawyers, 'but labour lawyers are also increasingly involved in consultancy, which is essential to prevent disputes. The new issues on which labour lawyers work alongside companies,' he continues, 'are often of European derivation, we think of the EU directive 970/2023 on pay transparency, which must be transposed by the States by June 2026, of EGM issues, and of the certification of gender equality, which was introduced into our legal system following the NRPR. Also on the security front, lawyers can play a crucial role'.

It is precisely the theme of safety at work that will be the focus of the next national Agi conference, which will be held in Cagliari from 9 to 11 October and will be entitled 'Safe Work - Prevention, Health, Wellbeing'.

The legislator is giving more and more space to national, territorial and company collective bargaining, which is called into question by provisions with different purposes, from productivity bonuses to the grounds for fixed-term contracts. Lastly, the popular initiative law approved on 14 May regulates workers' participation in management, capital and profits. Here, too, territorial and company bargaining will play an important role.