Milan, November 29, 2024 – Requisition during strikes often raises questions. Professor Vincenzo Ferrante from Daverio & Florio Law Firm clarifies key aspects of this issue.
What is requisition and when is it applied?
Requisition is a government-issued order requiring workers to return to service during a strike to ensure essential public services.
This authority lies with:
- the Prime Minister,
- a delegated Minister, often the Minister of Transport,
- or the Prefect for local conflicts.
Requisition may also:
- delay a strike,
- consolidate previously announced strikes,
- or reduce its overall duration.
The order is issued following consultations with the unions organizing the strike.
What happens in case of non-compliance?
Previously, workers faced criminal charges for non-compliance. Since 1990, only financial penalties apply.
Key provisions and penalties include:
- Workers disobeying requisition orders cannot be fired solely for non-compliance.
- Fines are imposed for absences during the strike period.
A notable case in Milan involved a transport strike where the Mayor requested prosecution for public service disruption, but the case was dismissed due to notification challenges.
What are the consequences for unions and companies?
Requisition affects not only workers but also unions, associations, and companies.
- Unions and professional associations risk financial penalties of up to €50,000.
- Companies failing to facilitate service resumption may also face fines.
Due to the heavy penalties, non-compliance is uncommon.
Daverio & Florio Law Firm
Daverio & Florio specializes in labor law and social security, providing services in Italy and abroad. As a founding member of Innanagard, the firm is renowned for developing the “European Labor Code.”
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