Teaching code

4S00322

Credits

15

Coordinator

Marco Peruzzi

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/07 - LABOUR LAW

Moodle Seminars 0

The teaching is organized as follows:

Learning objectives

The course aims at analysing both the traditional fields of labour law: employment law and trade union law. Specifically, it shall provide the necessary conceptual, normative and methodological bases for examining and understanding the system of heteronomous and autonomous regulatory sources, also in the light of case-law and doctrine interpretative perspectives. The purpose of the course is to make the student capable of dealing with labour law in its dynamic development, pointing out the interconnections between the different topics, as well as assessing the issues arising out the implementation of the theoretical and regulatory framework, through correct reasoning and arguments.

Program

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MM: UL1
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The first part of the course will examine the legal regulation of the individual contract of employment and of the relationships between labour law and the market; the second part will investigate the collective aspects of work relationships. THE EMPLOYMENT RELATIONSHIP (first semester and first part of the second semester): Structure of the discipline; subordination, self-employment, economically dependant self-employed work; typologies of employment contracts; the constitution of the employment relationship; antidiscrimination protections; the employment relationship: duties and obligations; working time; pay; leaves; crises, transformations and out-sourcing; termination of employment relationships: individual dismissals and redundancies; the protection of rights.
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MM: UL2
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The second part includes some of the topics concerning the regulation of the employment relationship and the system of rules governing the collective aspects of employment relationships (trade union law). INDUSTRIAL RELATIONS: Constitution and Freedom of Union Organisation; Constitution and right to Strike; Collective Bargaining: nature, typology, levels, branches, succession of collective agreements. Private-Law Collective Agreements: subjective and objective scope. Representation and Representativeness; Workers’ Representatives and Trade Unions at Company Level; The strike and the lockout; The Right to Strike in Essential Public Services.

Textbooks:
Diritto del lavoro - Riccardo Del Punta 2022 Giuffré
Diritto sindacale - Maria Vittoria Ballestrero 2018 Giappichelli (expect for Title V)

Bibliography

Didactic methods

Teaching modalities are different depending on whether students are attending or not. As for attending students, teaching modalities include: i) classroom-taught lessons, aimed at providing basic notions, theoretical categories and the relevant regulatory framework; ii) workshops, aimed at analysing the practical issues arising in the implementation of the theoretical system, with the support of case-law references. Two booklets will be uploaded on the e-learning platform: one with the relevant normative sources, another one with a collection of the relevant case-law and research material. Students can meet the teacher during his office-time and will be provided with a detailed calendar of the lessons, with their specific dates and contents. Non-attending students will be provided with the support of an up-dated text-book. The content of this text-book is consistent with the topics analysed and discussed in the classroom lessons. Students can also get access to the additional materials available on the e-learning platform. ------------------------ MM: UL2 ------------------------ Teaching modalities are different depending on whether students are attending or not. As for attending students, teaching modalities include: i) classroom-taught lessons, aimed at providing basic notions, theoretical categories and the relevant regulatory framework; ii) workshops, aimed at analysing the practical issues arising in the implementation of the theoretical system, with the support of case-law references. Two booklets will be uploaded on the e-learning platform: one with the relevant normative sources, another one with a collection of the relevant case-law and research material. Students can meet the teacher during his office-time and will be provided with a detailed calendar of the lessons, with their specific dates and contents. Non-attending students will be provided with the support of an up-dated text-book. The content of this text-book is consistent with the topics analysed and discussed in the classroom lessons. Students can also get access to the additional materials available on the e-learning platform.

Learning assessment procedures

A) EXAM MODALITY FOR ATTENDING STUDENTS
The exam consists of three parts.
1. first part - written test, in which you will be asked to write an opinion on one of the cases dealt with in class and to answer one or more open-ended questions. Those who do not participate in this first part of the exam or who participate without obtaining at least a score of 14/30ths (with a view to achieving a pass mark in the average with the other parts of the exam) will not be admitted to the other parts of the exam and will therefore switch to the mode envisaged for NON-attending students.
2. second part - written test, in which you will be asked to prepare an opinion on one of the cases dealt with in class and to answer one or more open-ended questions. Those who do not participate (even) in this second part of the exam or participate without obtaining at least a score of 18/30ths as a mathematical average between the first two parts will not be admitted to the third part of the exam and will therefore move on to the mode provided for NON-attending students.
3. third part - oral, on trade union law.

B) EXAM MODALITY FOR NON-ATTENDING STUDENTS
The exam is conducted on the entire syllabus, in oral form, starting from the analysis of the topics provided in the recommended texts and the necessary updates of the legislation that may have occurred.

Evaluation criteria

Ability to present and analyse issues on the basis of legal reasoning;
Ability to identify and interpret the applicable normative sources, starting from the case-law and doctrinal orientations developed on the subject.
Ability to identify and develop the connections existing between the different topics.
Ability to use specific and appropriate language.

Criteria for the composition of the final grade

For attending students, the final mark, expressed in 30ths, is composed on the basis of the mathematical average of the marks obtained in the three parts of the exam.
For non-attending students, the final mark is expressed in 30ths and is composed on the basis of the mathematical average of the marks obtained in the answers to the various questions.

Exam language

Italiano