In addition, the Italian lawyers` code of conduct prohibits lawyers in civil proceedings from establishing communications between lawyers that are labelled “confidential” or communications in connection with transaction negotiations. However, this prohibition has only negative ethical consequences. According to the case law, a number of measures taken by employers are considered anti-union behaviour and are therefore prohibited. This includes laying off striking workers; hiring third parties to replace striking workers; retaliatory measures against workers who carry out legal strike action; Lack of information from unions on issues settled by collective agreements; direct negotiations with workers bypassing trade unions; Violation of trade union rights established by law, for example. B not to reserve space for union meetings inside the factory; not to allow the union to have a board of directors to publish information under trade union law, to intervene in trade union proselytism, etc. 1.5 To what extent are the available methods of alternative dispute resolution mandatory in nature? Are there, for example, rights of opposition to arbitration and expert decisions, are there sanctions for refusal of mediation and should transaction agreements concluded during mediation be sanctioned by the court? Is there anything special for your jurisdiction in this context? Collective agreements do not recognize the right of workers` representatives to participate, but only the right to be informed and consulted on key company decisions. In the absence of a national collective agreement, the assessment of the proportionality and adequacy of the wage granted to the worker in accordance with Section 36 of the Italian Constitution is carried out by the labour court taking into account the minimum wages set under a national collective agreement in force in the sector in which the employer operates. Under Act 623 of 1923, which is still in force, overtime must be paid with an increase of no less than 10% over the normal rate. However, the Italian courts have held that such a provision applies to all allowances received by a worker from his employer (i.e.
the basic salary plus the bonus plus the bonus such as the cost of living, night work allowances or shale work, etc.), so that, in practice, overtime pay is about 30% higher than the basic rate.