Teaching code

4S02538

Teacher

Marco Peruzzi

Credits

6

Also offered in courses:

• Safe and security law of the course Combined Bachelor's + Master's degree in Law

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/07 - LABOUR LAW

Period

2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019

Lessons timetable Moodle Seminars 0

To show the organization of the course that includes this module, follow this link:  Course organization

Learning outcomes

The course aims at providing the necessary conceptual, normative and methodological bases for analysing and understanding the system of protection concerning health and safety at work. The purpose of the course is to make the student capable of assessing the issues arising in the implementation of the theoretical and regulatory framework, through correct reasoning and arguments.

Program

The system of regulatory sources: historical development, in the EU and domestic legal systems. Pre-Constitutional and Post-Constitutional phases, impact of the EU sources. The principle of the most technically feasible safety in the system of EU and domestic sources. The relationship between Art. 2087 Civil Code (general norm) and Delegated Decree no. 81/2008 (special norms). The system of (civil, criminal and administrative) liabilities. The duty to ensure safety and criminal liabilities: definitions of employer, manager, supervisor and employee to the purposes of Delegated Decree no. 81/2008. The delegation of powers and the principle of effectiveness under Art. 299 Delegated Decree no. 81/08. The Health-and-Safety company system: the protective and preventive services, health surveillance, workers representatives. The safety obligations in out sourcing contexts: contracting-out, agency workers, posting of workers. Interferential risks. Notion of health and risk assessment under Art. 28 Delegated Decree no. 81/08. Psychosocial risks. Work-related stress and mobbing. Maternity protections. Prevention institutional systems. Institutional controls.

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.

Textbooks

Pasqualino Albi, Adempimento dell’obbligo di sicurezza e tutela della persona, Art. 2087 c.c., in Il Codice Civile. Commentario, fondato da P. Schlesinger e diretto da F. D. Busnelli, Giuffré, Milano, 2008. Limitatamente ai capitoli secondo e terzo (pp. 43-124).
Paolo Pascucci, La tutela della salute e della sicurezza sul lavoro. Il Titolo I del d.lgs. n. 81/2008 dopo il Jobs Act, Aras Edizioni (collana Quaderni di Olympus), 2017.
Luciano Angelini, La sicurezza del lavoro nell’ordinamento europeo, I Working Papers di Olympus, n. 29/2013, http://olympus.uniurb.it/images/wpo/wpo29.angelini.pdf.

Examination Methods

The assessment of learning outcomes includes:
- For attending students, an oral examination and a written test on the topics dealt with during classroom lessons.
- For non-attending students, an oral examination on the entire programme, as presented in the textbooks.

Objectives of examinations:
For attending students, the oral examination aims at assessing the capacity of the student to link the theoretical and regulatory framework with practical issues and problems, as well as to solve case-studies with consistent and proper legal language and reasoning. For attending students, the written test aims at assessing the student’s knowledge of the programme topics, as dealt with in classroom lessons.

For non-attending students, the oral examination, which focuses on the entire programme, as presented in the textbooks, aims at assessing their knowledge, their capacity to use proper language, select and analyse the key-topics of the subject, develop links between the topics through legal reasoning.

Content and modalities of the examinations

- For attending students, the oral examination focuses on the analysis of a specific case-study, given to the student in advance. The related mark is expressed in thirtieth. The written text focuses on the topics dealt with during classroom lessons, with both open-ended questions and multiple-choice questions. The related mark is expressed in thirtieth. The final mark results from the average of the two marks.
- For non-attending students the oral examination focuses on the entire programme, as presented in the textbooks. The final mark is expressed in thirtieth.