Teaching code

4S00322

Credits

15

Coordinator

Laura Calafà

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/07 - LABOUR LAW

Courses Single

Authorized

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.

Prerequisites and basic notions

Institutions of Private Law and Constitutional Law exams are prerequisite to the Labor Law exam

Program

The first part of the course will be devoted to an in-depth study of the legal regulation of the collective bargaining agreement and the relationship between collective and individual autonomy, with a focus on the operation of the rules in the private and public sectors with a final introduction to labor market management for the labor supply and demand matching part. The topics covered will be as follows: - Rationale and sources of labor law - Constitution, freedom of union organization and the right to strike - Collective agreement and bargaining; nature, types, levels, articulations, succession of collective agreements over time - Collective autonomy in the private labor system and collective autonomy in the public labor system - Collective agreement under common law: objective and subjective effectiveness - Collective agreement in the system of d. lgs. 165/2001 - Representation and representativeness in private and public work - Workers' representatives and the union in the company - The strike and the lockout; The strike in essential public services - Labor supply and demand between EU rules and national law.
The second part of the course is focused on the employment contract and relationship. In particular:
- Subordination, autonomy, parasubordination - The constitution of the subordinate employment relationship - Employer's powers and transversal limits: prohibitions of discrimination, security obligation, protection of personal data. - Managerial power. - The regulation of duties. - Working hours-The power of control: remote control between workers' statutes and privacy regulations. - The disciplinary power. - The termination of employment: resignation and individual and collective dismissals - The crises, transformations and outsourcing: contracting, administration and secondment compared. The transfer of business. - Remote work: home working, telecommuting, agile work. - Atypical employment contracts: part-time employment contract, fixed-term employment contract, temporary employment, intermittent employment, casual service contract, apprenticeship. - Remuneration - Suspensions of the employment relationship - The protection of rights.

Bibliography

Didactic methods

The teaching methods adopted are distinct between attending and nonattending students for both ULs into which the teaching is divided because of the possibility, during the course, of approaching the analysis of issues with a casuistic approach. With regard to attending students, the teaching methods consist of: i) frontal lectures dedicated to the transmission of basic notions, theoretical categories and the regulatory framework of reference; ii) exercises integrated in the lectures, aimed at verifying the application dynamics of the theoretical and regulatory system in specific case studies, with support from case law and collective bargaining pronouncements. Also thanks to the University's e-learning platform, dedicated materials are proposed: for UL1, ppts dedicated to lecture topics and specific dedicated reading paths, manualistic and non-manualistic; in UL 2 two handouts will be proposed, one with the main normative reference texts, the other with a collection of maxims or excerpts of the most significant jurisprudential pronouncements on the subject, divided by topic; in-depth readings. In addition, throughout the academic year, the individual reception service run by the lecturers is available at the times indicated on the web page (without the need to make a specific appointment), which are constantly updated. At the beginning of the course, attending students receive the full schedule of teaching activities with dates and topics covered in the lectures, indications of schedule, classroom and any suspensions due to academic impediments of the lecturer. With regard to non-attending students, the teaching arrangements consist of the lecturer's support of an updated textbook study. Any further updates will also be made available to the student in a timely manner through specially dedicated notices. The content of textbooks as well as lectures and exercises given in the classroom is adhered to the syllabus. Additional teaching materials are available on the teaching e-learning platform.

Learning assessment procedures

For those attending, there will be an intermediate test at the end of semester 1B and at the end of semester 2A having as its subject a test devoted to the topics covered in the first part of the course and the written preparation of a short opinion on one of the case studies analyzed in class and an open-ended question for the topics covered in the second part of the course. The final test will consist of an oral examination on the remaining part of the program and related case studies.
For non-attending students a single oral test on the entire program, starting with the discussion of topics provided within the recommended text.

Evaluation criteria

During the tests (written and oral), the following will be evaluated:
Correctness of the written response and the synthesis with which it is written
Ability to expound and analyze issues on the basis of legal reasoning;
Ability to identify and interpret applicable normative sources, starting from the jurisprudential and doctrinal orientations developed on the subject.
Ability to identify and develop the connections existing between the different themes.
Ability to use specific and appropriate language.
The award of honors is linked to the following assessment of the examination paper: complete autonomy of the student, complete control of the discipline, particularly appreciable critical and argumentative ability of the student.

Criteria for the composition of the final grade

Final proof UL 1 - 40% of final grade
Final proof UL2 - 60% of final grade

Exam language

italiano

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