Labour law (2018/2019)
Scientific Disciplinary Sector (SSD)
IUS/07 - LABOUR LAW
The teaching is organized as follows:
2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019
1° periodo di lezioni
The course aims at analysing both the traditional areas of labour law: industrial relations and employment law.
Specifically, it aims at providing the necessary conceptual and methodological bases for understanding the principles of labour law and for interpreting the employment legislation in the light of case-law and doctrinal debate.
Some thematic areas will be investigated in their historical evolvement by tracing their different regulatory phases from the Constitution to the current legal framework in force.
The analysis will focus on the multi-faceted system of sources of labour law. In this regard, particular attention will be given not only to statutory laws, but also to the so-called collective autonomy, the «collective agreement» and to the systems of concertation between the social partners.
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; works at the borders and the not-work-relationships; typologies of employment contracts; active and passive employment policies and 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.
INDUSTRIAL RELATIONS: Constitution and Freedom of Union Organisation; Constitution and right to Strike – Constitution and co-determination; 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; the other forms of trade union fights - Participation, codetermination, economic participation.
For attending students there are two intermediate written tests. More information will be provided during the course. For attending students, the last part of the exam is oral.
For non-attending students, there is only one oral exam on the entire programme.
The aim of written tests (for attending students) and of oral examinations is to verify students’ knowledge, correct use of language and capacity of connecting the different thematic areas involved.
Erasmus students are invited to contact the professor at the beginning of the course in order to arrange teaching and examination modalities.