LABOUR LAW

LABOUR LAW

Luigi Fiorillo

Instructional goals

The course offers a solid grounding in the traditional and current issues of trade union law and the individual employment relationship, both in the public and private sectors. The qualifying objectives of the course are to make the student acquire the ability: to interpret and apply the legal and negotiating disciplines on the matter to move with competence on all the main topics covered by the course.

Intended learning outcomes

Knowledge and understanding: students will be able to know and understand the discipline inherent in individual labor relations and trade union relations, both in relation to private and public employment. Knowledge will be acquired through frontal teaching, laboratory activities, such as presentations, exercises related to the drafting of deeds and contracts, role play, as well as through the analysis of concrete cases and testimonies. Knowledge will be verified through the results of laboratory activities, classroom discussions, as well as the final exam. Ability to apply knowledge and understanding: students - acquiring the correct tools and method - will be able to interpret and apply, even with respect to concrete cases, the principles and institutions of labor law and trade union law. Students, therefore, will be able to apply to concrete situations, such as, by way of example, the recruitment of the worker, the modification of the related activities and the transfer of the same, the termination of the employment relationship, the realization of trade union negotiations, knowledge acquired during the course. Active participation in lessons and laboratory activities will allow students to verify in real time the skills acquired. Autonomy of judgment: Through the use of the methodologies acquired during the course, students will be able to collect data and materials to analyze the legislative sources and the relevant guidelines in doctrine and jurisprudence with reference to the discipline of labor law and trade union law and will acquire the ability to independently evaluate such data by formulating its own critical judgment on the application of them to concrete cases, identifying the appropriate solutions to the practical cases submitted to the relative attention. These skills are verified not only by passing the final exam, but also by actively participating in lessons and laboratory activities. Communication skills: At the end of the course, students will be able to master, with adequate terminological precision, the technical-juridical vocabulary of the working subject. By participating in the various activities of the course - and in particular the laboratory activities - students will learn to put these communication skills into practice in different contexts, adapting the vocabulary using the reference interlocutor, thus acquiring additional rhetorical and argumentative skills, essential for your career path. Learning skills: The technical-legal knowledge acquired during the course will allow the student to autonomously understand and interpret the legislative, doctrinal and jurisprudential changes related to the discipline of labor law. Students will develop a solid knowledge of the fundamental aspects of the subject that will allow them to continue to deepen the topics addressed independently and to undertake the various post-graduate professional training courses.

Course Contents

The trade union organization; trade union activity; the collective agreement; the right to strike; The subordinate worker; the self-employed person; development and termination of the relationship; the discipline of the employment relationship.

Reference Books

Pessi R., Lezioni di diritto del lavoro, Giappichelli, Torino, last ed.

Teaching Methods

- frontal teaching - exercises - case analysis - testimonials

Assessment Method

Oral examination The exam consists of an oral interview in which the student will have to demonstrate that they know and understand the institutions and principles of labor law and can apply them to practical cases submitted to their attention by the teacher through the prospect of concrete examples. The student will have to be able to independently analyze the sources and relevant legal guidelines of labor law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he has achieved the study method and the learning ability necessary to continue also independently. 'deepening of the subject. For the purposes of assigning a mark out of thirty, the following evaluation criteria will be taken into account: - knowledge and understanding of the institutions and the principles of the subject and ability to apply them to concrete cases (65%); ownership of the technical-legal lexicon, ability to consult and evaluate relevant sources and acquisition of the study method (35%). The presence of training gaps on one or more institutes or principles may lead, by reason of the relevance, to an insufficient evaluation even in the presence of a basic knowledge of the subject.

Thesis assignment criteria

Interest in the subject

Week 1

Introduction to labor law, Chap. V, par. 1 and 2; The evolution of trade union law, Chap. V, par. 1 and 2; Collective private autonomy, Chap. V, par. 1 and 2; The trade union organization, Chap. V, par. 1 and 2; Trade union freedom, Chap. V, par. 1 and 2; discussion of concrete cases; realization of laboratory activities; testimonials.

Week 2

The trade union organization, Chap. V, par. 3, 4 and 6; The trade union organization in the workplace, Chapter V, par. 3, 4 and 6; Le R.S.A. Chap. V, par. 3, 4 and 6; The interventions of the Constitutional Court and the referendum of 1995, Chap. V, par. 3, 4 and 6; The R.S.U., Chap. V, par. 3, 4 and 6; discussion of concrete cases; realization of laboratory activities; testimonials.

Week 3

Trade union rights, Chap. V, par. 7 and 8; The negotiation activity in the public service, Chap. V, par. 7 and 8; discussion of concrete cases; realization of laboratory activities; testimonials.

Week 4

Evolution of the collective agreement, Chap. V, par. 9, 12 and 15; The collective agreement of common law Chap. V, par. 9, 12 and 15; The collective agreement in the public service Chap. V, par. 9, 12 and 15; Nature and form of the collective agreement, Chap. V, par. 9, 12 and 15; Duration, interpretation and structure of the collective agreement, Chap. V, par. 9, 12 and 15; discussion of concrete cases, realization of laboratory activities; testimonials.

Week 5

Subjective effectiveness of the collective agreement, Chap. V, par. 10, 11, 13, 14 and 16-20; Objective effectiveness of the collective agreement, Chap. V, par. 10, 11, 13, 14 and 16-20; Strike, Chap. V, par. 10, 11, 13, 14 and 16-20; Strike in essential public services, Chap. V, par. 10, 11, 13, 14 and 16-20; Serrata, Chap. V, par. 10, 11, 13, 14 and 16-20; discussion of concrete cases, realization of laboratory activities; testimonials.

Week 6

Notion of labor law, Chap. VI, par. 1-4; The subordinate work Chap. VI, par. 1-4; Self-employment Chap. VI, par. 1-4; Autonomous collaborations, Chap. VI, par. 1-4, Other employment relationships Chap. VI, par. 1-4; discussion of concrete cases, realization of laboratory activities; testimonials.

Week 7

The origin of the employment relationship, Chap. VI, par. 5-8; The worker, Chap. VI, par. 5-8; The employer Chap. VI, par. 5-8; The meeting between job supply and demand, Chap. VI, par. 5-8; The compulsory placement Chap. VI, par. 5-8; discussion of concrete cases, realization of laboratory activities; testimonials.

Week 8

Formation of the employment contract, Chap. VI, par. 9 and 10; Essential and accidental elements of the employment contract Chap. VI, par. 9 and 10; The administration contract, Chap. VI, par. 9 and 10; Duties, Chap. VI, par. 9 and 10; The transfer of the worker, Chap. VI, par. 9 and 10, discussion of concrete cases, realization of laboratory activities; testimonials.

Week 9

The power of management and control, Chap. VI, par. 11-13; The disciplinary power, Chap. VI, par. 11-13; Working time Chap. VI, par. 11-13; Remuneration, Chap. VI, par. 11-13; The severance pay Chap. VI, par. 11-13; discussion of concrete cases, realization of laboratory activities, testimonies.

Week 10

Part time employment relationships, Chap. VI, par. 14, 15 and 17; Special employment relationships Chap. VI, par. 14, 15 and 17; Apprenticeship and placement contract, Chap. VI, par. 14, 15 and 17; Illness and maternity Chap. VI, par. 14, 15 and 17; Earnings redundancy fund Chap. VI, par. 14, 15 and 17; discussion of concrete cases, realization of laboratory activities, testimonies.

Week 11

The reasons for termination of the relationship, Chap. VI, par. 16 and 18; Just cause and justified reason, Chap. VI, par. 16 and 18, The public service; Chap. VI, par. 16 and 18; Real protection Chap. VI, par. 16 and 18; Compulsory protection Chap. VI, par. 16 and 18, discussion of concrete cases, realization of laboratory activities, testimonies.

Week 12

The business transfer Chap. VI, par. 8 and 19-22; Collective redundancies, Chap. VI, par. 8 and 19-22; Waivers and transactions Chap. VI, par. 8 and 19-22; Prescription and forfeiture, Chap. VI, par. 8 and 19-22; Judicial protection, Chap. VI, par. 8 and 19-22; discussion of concrete cases, realization of laboratory activities, testimonies.