Teaching code

4S000087

Teacher

Flavio Roberto Leardini

Credits

1

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/07 - LABOUR LAW

Period

TPALL 3° ANNO 2° SEMESTRE dal Feb 1, 2019 al May 31, 2019.

Lessons timetable Moodle Seminars 0

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

Learning outcomes

Course is focused on labour law particularity in the field of juridical experience, shown first of all by general traditional right classes description and then analysing specific institutions in working conditions regulation. Collettive form of private autonomy is pointed out, for its remarkable importance in defining working conditions and for its implied distinction of labour law in two parts, one for collective relatioships and the other for individual employee treatment.
Employer-employee relationship is also: a) considered in its particular forms (fixed time, part-time and so on); b) compared with other kinds of juridical relationships based upon labour activities, stressing foundamental distinctions among them and evolutive tendences in state rules. For both these approaches, specific rules connected with healt and safety duties are explained.

Program

INTRODUCTION AND TRADE UNIONS RELATIONS RIGHT
- Distinction between Public Law and Private Law and its ratio.
- Labour Law as a part of Private Law with the characteristic feature of collective exercise of private autonomy; the trade unionism.
- Collective agreement as typical result of collective private autonomy.
- Binding part and prescriptive part of collective agreement.
- Sujective application of national collective agreement in private sector, the constitutional model and the so called collective agreement of common right. Subjective application of collective national agreement estentions in judicial experiece. Short account about subjective application of collective agreements in public sectors interested by denationalisig reforms.
- Relationships between collective agreement and individual contract of employment.
- Relationships between collective agreements of the same level and of different levels.
- Subjective application for collective agreement of undertaking level.

INDIVIDUAL RELATIOSHIP OF EMPLOYMENT
- Legal notion of employment. Heterofixed contents of work done and presumed indicators. Importance of nomen iuris and employer-employee relationship determination through constitutionally oriented interpretation of law. Subsumptive method and typological method in determining juridical relationship of employment (short account). Distinction between contract of employment and contract of self-employment.
- The so called parasubordinazione (personal, coordinated and continuous collaboratios) and the evolution of its basical elements.
- Contracts of employment with legal special treatment for what regards temporal extention or distribution of working time and for what regards individuation of employer: employment services, fixed time work, part-time work.
- Health and safety obligation in art. 2087 c.c.


SUGGESTED TEXTBOOKS
Introductory part/ trade union law
- Quadri sinottici delle lezioni, che vengono illustrati volta per volta
- Commento agli artt. 2060-2081 c.c tratto dal Commentario breve al Codice Civile Cian-Trabucchi, edizione 2018, CEDAM, Padova
- In alternativa al punto B) Corso M., Il Diritto sindacale, Giappichelli, Torino, 2017, pp. 147-182
Individual employment relathionship
- Roccella M., Manuale di Diritto del lavoro, ultima ed., Giappichelli, Torino, pp. 37-70.
- Toscano G., Il nuovo Diritto del lavoro: giuda ragionata al Jobs Act, Nel Diritto Editore, 2015, capitoli I, III, IV, VI
- Commento all’art. 2087 c.c tratto dal Commentario breve al Codice Civile Cian-Trabucchi, edizione 2018, CEDAM, Padova

Examination Methods

There is an oral examination for the module. It consists of three main questions, distributed along the parts of topics groups seen above, one upon the collective, one upon the individual and one about the one on that part which needs thorough examination to verify learning level. During each answer student’s learning is tested trough connections among linked topics and references.