Teaching code

4S02539

Teacher

Marco Peruzzi

Coordinator

Marco Peruzzi

Credits

6

Also offered in courses:

• Salute e sicurezza nel lavoro of the course Combined Bachelor's + Master's degree in Law

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/07 - LABOUR LAW

Period

2° periodo lezioni (2B) dal Apr 3, 2024 al May 23, 2024.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide the student with the knowledge of the basic legal mechanisms governing the health and safety management in both private and public organisation, in an inter-disciplinary perspective.

At the end of the course, the student will be able to elaborate on legal issues concerning the main topics of the subject - in both oral and written forms, individual and group work -, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.

Prerequisites and basic notions

The course focuses on the regulation of the employment relationship and the framework of protection for workers, at individual and collective level, with respect to the protection of their health and safety. A preliminary knowledge of the main institutes of labour law and trade union law is therefore required.

Program

The teaching program includes the presentation and discussion of the following topics: The system of sources: historical evolution, between the uni-European order and the internal order. Pre-constitutional, post-constitutional phase, impact of EU legislation. The principle of maximum technologically possible security in the system of uni-European and national sources. The relationship between art. 2087 of the civil code (general regulation) and legislative decree 81/2008 (special regulation). The system of responsibilities (civil, criminal and administrative). The safety obligation and criminal liability: the notions of employer, manager, supervisor and worker «in a preventive sense» pursuant to Legislative Decree 81/2008. The delegation of functions and the principle of effectiveness pursuant to art. 299 Legislative Decree 81/2008. The company prevention system: RSPP, competent doctor and RLS. The security obligation in cases of dissociation between the employer and the effective user of the service: contract, administration and secondment. Interferential risks. The notion of health and the object of risk assessment pursuant to art. 28 of Legislative Decree 81/2008. The psychosocial risks. Work-related stress and bullying. Maternity protection. The institutional system of prevention. Supervisory activity.

TESTI CONSIGLIATI PER STUDENTI ERASMUS:
- Patrizia Tullini, Introduzione al diritto della sicurezza sul lavoro, Giappichelli;
OR
- Gaetano Natullo, Ambiente di lavoro e tutela della salute, Giappichelli

Bibliography

Didactic methods

The professor will use: a) lectures; b) in-depth disciplinary and interdisciplinary talks with experts (e.g. labour inspector; head of prevention and protection service) c) integrated workshops, organised remotely on a digital platform, with case-study analyses, group work and discussions, drafting of short dissertations.

Learning assessment procedures

- for attending students, the oral test focuses on the analysis of a specific case study, delivered in advance by the teacher in the previous days, and on the guiding questions analyzed in class, concerning all the topics in the program. - for non-attending students, a single oral exam on the entire programme, starting from the discussion of the topics provided in the recommended textbook.

Evaluation criteria

Ability to discursively organize knowledge; ability to identify, apply in a coordinated way and systematically interpret the regulatory sources, even within a specific case; critical reasoning skills on the study carried out; quality of exposition, competence in the use of specialized vocabulary, effectiveness, linearity.

Criteria for the composition of the final grade

The course has a single oral examination with a grade in thirtieths, both for those attending and those not attending.
In the case of attending students, the grade results from the average of the assessments obtained in the case discussion and in the answer to the so-called "guiding questions".

Exam language

Italiano

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