Instructional goals
The course provides a thorough preparation regarding traditional and current problems of individual employment relationships and trade union law, in the public and in the private sector. Objectives of the course, are the ones to provide the student with the ability to apply the discipline of the subjects being taught
Prerequisites
Knowledge of private law.
Intended learning outcomes
Knowledge and understanding: The Student will have acquired full knowledge of the general themes and traditional and current issues of Labor Law. The acquisition of such skills will be ascertained with the oral interview at the end of the course;
Ability to apply knowledge and understanding: The student will be able to interpret and apply the legal and contractual disciplines present in the matter and will be able to apply - also through laboratories and practical exercises - the main labor law institutions. The acquisition of such skills will be ascertained with the oral interview at the end of the course;
Autonomy of judgment: The student, through the use of the methodologies acquired during the lessons, will be able to independently collect and interpret the regulatory and contractual sources of labor law and will be able to apply them independently. The acquisition of such skills will be ascertained during the practical exercises carried out during the course and with the oral examination during the examination;
Communication skills: At the end of the course, the student will be able to use the sector-specific legal lexicon with good command and will have acquired a good ability in interacting with different subjects and in different contexts (clients, public administrations, consultants, judicial bodies, etc. .);
Learning skills: The knowledge acquired during the course will allow the student to be able to understand and interpret independently the regulatory, jurisprudential and doctrine news that may intervene in the field of labor law.
Course Contents
The sources of labour law; Subordinate employment; Self-employment; The discipline of employment; Termination of the employment relationship; Trade union issue; Trade union activity; Type of collective agreements; The right to strike; the collective bargaining system of the public sector.
Reference Books
R. Pessi, Lezioni di diritto del lavoro, Giappichelli, ult. ed.
Teaching Methods
Frontal teaching;
Case analysis;
Workshops.
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of Labor Law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of Labor Law and to use the appropriate technical and legal vocabulary.
The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%).
Thesis assignment criteria
General interest in the subject.
Week 1
Introduction to labor law
Work's relationship sources and negotiating autonomy
Paid employment. Self employment
Week 2
Bogus self employment
The essential elements of the contract
The trial period
Week 3
The fixed - term contract
The provision of employment services
Other types of flexible work.
Week 4
The duties
The employer's powers: management and control
Week 5
The obligations of the employee
The disciplinatory power
Suspension of the employment relationship
Week 6
The retribution
The severance pay
The meeting between supply and demand of work.
Case law workshops
Week 7
Work's place. Definitive and temporary transfer
The working hours.
Vacation. Rests. Permits
Work’s safety
Week 8
The individual dismissal. The wrongful termination
The protection from illegitimate dismissal and its field of application.
Week 9
The collective dismissal
Case law workshop
The protection of the employee’s rights
Week 10
Trade union in the Costitution.
Freedom and activity of Trade union associations.
Trade union association rights and organization inside the company.
Week 11
The Collective agreement; functions, structure, content, objective and subjective efficacy
Study of the most common collective agreements
Territorial, company and “di prossimità” collective agreements.
Week 12
The repression of the anti-union behaviour The strike: ownership and operating methods. The strike in essential public services. The collective bargaining system of the public sector.