LABOUR LAW

LABOUR LAW

Marco Marazza

Instructional goals

The program offers a solid knowledge and preparation on the traditional and actual problems of the Trade Union Law and of the individual employment relationship in the public and in the private sectors. The program aims to teach the students:- to interpret and apply both the laws and the regulations of the State and the ones content in the Collective Agreement;- to familiarize students with the principal issues and matters of the employment law.

Intended learning outcomes

Knowledge and understanding: the student – through course attendance and practical activities – will gain full knowledge of the general categories of labour law and concepts of the civil code, also in the light of the supranational regulatory framework. At the end of the course there will be an oral exam. Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of labour law. The student will be able to compare these principles with those established at the supranational level. At the end of the course, an oral exam will take place. Making judgements: The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to labour law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases. Communication skills: At the end of the course the student will be able to use the legal and technical vocabulary of sector, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, oral exams, moot courts – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career. Learning skills: the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to labour law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.

Course Contents

The Employee; The self-employed worker; development and termination of the employment relationship; the regulation of the employment relationship; the Trade Union; The Trade Union Activity; The Collective Agreement; the Right to Strike

Reference Books

AA.VV., Fondamenti di Diritto del Lavoro, Giappichelli, Torino, ult. ed. M. Magnani, Diritto Sindacale, Giappichelli, Torino, ult. ed. M. Marazza, Diritto sindacale contemporaneo, Giuffrè, Milano, 2022; Further materials provided during the lessons (available on the Chair web page and on the Moodle platform).

Teaching Methods

- Classroom teaching- Case analysis- Testimonials

Assessment Method

During the oral exam the student will be required to show that he/she knows and understands notions and principles of labour 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 labour law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. 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 (75%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (25%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Thesis assignment criteria

Dedication to the subject

Week 1 Contenuto sessioni on line e on campus

INTRODUCTION TO THE TRADE UNION LAW (1/2): (Object of the Trade Union Law, sources of The Trade Union Law, historical evolution, the corporative period, the advent of the Constitutional Treaty, union freedom; Session 2 on campus - INTRODUCTION TO THE TRADE UNION LAW (2/2): (Object of the Trade Union Law, sources of The Trade Union Law, historical evolution, the corporative period, the advent of the Constitutional Treaty, union freedom) Session 3 on line - Exercise: Mock trial

Week 2 Contenuto sessioni on line e on campus

Session 1 on campus - TRADE UNION ORGANIZATION: (Trade Union Organization, Trade Union Organization in the workplace, Trade Union representative). Session 2 on campus - TRADE UNION ACTIVITIES AND MEANS OF PROTECTION: (Trade Union’s rights, progress of Trade Union activities, anti-union conduct; repression of the anti-union conduct). Session 3 on line - Focus: Procedural aspect of repression of the antiunion conduct.

Week 3 Contenuto sessioni on line e on campus

Session 1 on campus - THE COLLECTIVE AGREEMENT: (The evolution of the Collective Agreement, Collective Agreement under ordinary law, nature and form of the Collective Agreement, duration, interpretation and structure of the Collective Agreement, levels of Collective Bargaining, second-level Collective Bargaining, “managerial” contracts, proximity Bargaining). Session 2 on campus - THE EFFICACY OF THE COLLECTIVE AGREEMENT AND COLLECTIVE CONFLICT: (subjective efficacy of the Collective Agreement, objective efficacy, strike, strike in essential public services, lockout). Session 3 on line - Exercise: Mock trial

Week 4 Contenuto sessioni on line e on campus

Session 1 on campus - LEGAL CONCEPTS AND SOURCES OF LABOUR LAW : (international sources, European law, Republican Constitution, ordinary laws, collective bargaining, uses and fairness, case-law, etc.). Session 2 on campus - FUNDAMENTAL RIGHTS AND FREEDOMS AND THEIR IMPACT ON THE PROTECTION OF WORKERS. THE RIGHTS OF THE PERSON AND HUMAN RIGHTS AND THEIR INCREASING IMPORTANCE IN LABOUR LAW (INTERNATIONAL SOURCES, THE CGUE JURISPRUDENCE, ETC.). Session 3 on line - Exercise: Mock trial

Week 5 Contenuto sessioni on line e on campus

Session 1 on campus - SUBORDINATE AND SELF-EMPLOYMENT (1/2): (subordination, self-employment, cooperation). Session 2 on campus - SUBORDINATE AND SELF-EMPLOYMENT (2/2): (subordination, self-employment, cooperation). Session 3: Mock Trial

Week 6 Contenuto sessioni on line e on campus

Session 1 on campus - THE POWERS OF THE EMPLOYER (1/2): (governing power, power of control, disciplinary power). Session 2 on campus - THE POWERS OF THE EMPLOYER (2/2): (governing power, power of control, disciplinary power). Session 3 on line - Focus: Labour law and privacy protection legislation.

Week 7 Contenuto sessioni on line e on campus

Session 1 on campus - TYPES OF CONTRACT (1/2): (fixed-term contract, temporary employment, part-time contract, apprentice, etc.). Session 2 on campus - TYPES OF CONTRACT (2/2): (fixed-term contract, temporary employment, part-time contract, apprentice, etc.). Session 3 on line - Exercise: Mock trial

Week 8 Contenuto sessioni on line e on campus

Session 1 on campus - OBLIGATIONS AND FUNDAMENTAL RIGHTS FOR THE PROTECTION OF WORKERS: (remuneration,

Week 9 Contenuto sessioni on line e on campus

Session 1 on campus - INDIVIDUAL WITHDRAWAL OF THE EMPLOYMENT – PART 1 (1/2): (dismissal in general, substantive requirements for dismissal, form and procedure requirements, etc.). Session 2 on campus - INDIVIDUAL WITHDRAWAL OF THE EMPLOYMENT – PART 1 (2/2): (dismissal in general, substantive requirements for dismissal, form and procedure requirements, etc.). Session 3 on line - Exercise: Mock trial

Week 10 Contenuto sessioni on line e on campus

Session 1 on campus - INDIVIDUAL WITHDRAWAL OF THE EMPLOYMENT – PART 2 (remedies and safeguards, art. 18 L. 300 of 1970, at-will employment area, resignation and consensual resolution). Session 2 on campus - COLLECTIVE REDUNCIANCIES ( L. 223 of 1991, requirements, Trade Union profiles, selection criteria, sanctioning regime, etc.) . Session 3 on line - Exercise: Mock trial

Week 11 Contenuto sessioni on line e on campus

Session 1 on campus - SEVERANCE INDEMNITIES: (severance indemnities). Session 2 on campus: final simulation of the trial with Judge Session 3 on line - THE PROTECTION OF THE LABOUR RIGHTS: (non-derogation in the labour law, renunciations and transactions, certification of employment contracts, limitation and prescription periods in the labour law, judicial protection).

Week 12 Contenuto sessioni on line e on campus

Session 1 in presence - THE FORMS OF PROTECTION OF EMPLOYMENT AND INCOME: the system of the social shock absorbers. Session 2 in presence - GUARANTEES OF RIGHTS AND DISPUTES. Session 3 - mock process