LABOUR LAW
Instructional goals
The teaching offers a solid basic preparation for
traditional and current issues of trade union law and relationship
The European Community has a special role to play in this respect.
Qualifying objectives of the course are to acquire the student the
ability:- to interpret and apply legal source disciplines and
negotiations on the subject- to move competently on all major
topics covered by the course.
Intended learning outcomes
Knowledge and understanding: The student - through participation
to lectures and practical activities of the course - will have acquired full
knowledge of general categories of labour law and institutions
codicystic, also in the light of the supranational framework. At the end of the
course will be held an oral interview.
Ability to apply knowledge and understanding: The student -
acquiring the correct tools and method - will interpret and
apply, including in specific cases, the principles and institutions of law
of work. Will be able to correlate these principles with those enshrined in
supranational level. At the end of the course, an oral interview will be held.
Autonomy of judgment: The student, through the use of methodologies
will know how to collect data and materials for
analyse the relevant regulatory sources and guidelines in doctrine and
jurisprudence with regard to the discipline of labour law and
will acquire the ability to evaluate such data independently by formulating the
critical assessment of their application to specific cases,
identifying the appropriate solutions to the practical cases submitted to its
attention.
Communication skills: At the end of the course the student will be able to
to master, with adequate terminological precision, the technical legal lexicon
matter. Through participation in the various
course activities - lectures with classroom discussions, oral exams, trial
simulated- the student will learn to practice such skills
communicative in different contexts, adapting the lexicon using
to the reference interlocutor, thus acquiring additional rhetorical skills and
essential for your career.
Learning skills: The acquired technical-legal knowledge
during the course will allow the student to understand and
independently interpret the normative, doctrinal and
case law related to the discipline of labour law. The student
will develop a solid knowledge of the fundamental aspects of
which will allow him to continue to deepen also in
autonomy the issues addressed and to undertake the different paths of
post-graduate vocational training.
Course Contents
The employed person; the self-employed; performance and
resolution of the relationship; the discipline of the employment relationship.
The trade union organization; trade union activity; the collective agreement; the
right to strike.
Reference Books
AA.VV., Fondamenti di Diritto del Lavoro, Giappichelli, Torino, ult. ed.
M. Marazza, Diritto sindacale contemporaneo, Giuffrè, Milano, 2022
Teaching Methods
Frontal teaching - Simulated process that throws a concrete case starting from the out-of-court phase up to the simulation of a real trial with the participation of a judge
Assessment Method
The exam consists of an oral interview in which the student must
demonstrate knowledge and understanding of the institutions and principles of law
of work and to know how to apply them to practical cases
attention from the teacher through the prospect of concrete examples.
The student must be able to independently analyze the sources and
relevant legal guidelines of labour law and use
correctly the technical-legal lexicon of the matter, thus demonstrating
have attained the method of study and the ability to learn
necessary to continue also in autonomy the deepening of the
matter.
The following shall be taken into account in allocating the 30-vote:
evaluation criteria: - knowledge and understanding of institutions and
principles of matter and ability to apply them to concrete cases (75%);
property of the technical-legal lexicon, ability to consult and evaluate
relevant sources and acquisition of the study method (25%).
The existence of training gaps in one or more institutions or principles will
an insufficient assessment, even if there is
basis of matter
Thesis assignment criteria
interest in the subject
Week 1
INTRODUCTION TO TRADE UNION LAW: (subject
of trade union law, sources of trade union law, historical evolution, period
corporate, the advent of the Constitutional Charter, trade union freedom)
INTRODUCTION TO TRADE UNION LAW (subject matter of trade union law, sources of trade union law, historical development, period
corporate, the advent of the Constitutional Charter, trade union freedom)
TUTORIAL: Simulated trial
Week 2
TRADE UNION ORGANISATION: (trade union organisation, trade union organisation in the workplace, representative trade union).
TRADE UNION ACTIVITIES AND PROTECTION INSTRUMENTS: (trade union rights,
trade union activity, anti-union conduct,
pressure of anti-union conduct).
TUTORIAL: Simulated trial
Week 3
THE COLLECTIVE AGREEMENT: (Evolution of the collective agreement, collective agreement under common law, nature and form of the collective agreement, duration, interpretation and structure of the collective agreement, levels of collective bargaining, second level collective bargaining, "management" contracts, local bargaining).
EFFECTIVENESS OF THE COLLECTIVE AGREEMENT AND COLLECTIVE CONFLICT: (subjective effectiveness of the collective agreement, objective effectiveness of the collective agreement, strike, strike in essential public services, lock out).
TUTORIAL: Simulated trial
Week 4
NOTIONS AND SOURCES OF LABOUR LAW
(1/2): (international sources, European law, Republican constitution, ordinary laws, collective bargaining, customs and fairness, jurisprudence, etc.).
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, ECHR CASE LAW, ETC.).
Simulated Trial
Week 5
SELF-EMPLOYMENT AND EMPLOYMENT (1/2):
(subordination, self-employment, collaborations).
SELF-EMPLOYMENT AND EMPLOYMENT (2/2):
(subordination, self-employment, collaborations, associative relationships).
Simulated Trial
Week 6
THE POWERS OF THE EMPLOYER (1/2): (executive power, control power, disciplinary power).
THE POWERS OF THE EMPLOYER (2/2): (executive power, control power, disciplinary power).
Simulated Trial
Week 7
THE TYPES OF CONTRACT (1/2): (fixed-term contract, work administration, part-time contract, apprenticeship, etc.).
THE TYPES OF CONTRACT (2/2): (fixed-term contract, work administration, part-time contract, apprenticeship, etc.).
Simulated Trial
Week 8
OBLIGATIONS AND FUNDAMENTAL RIGHTS TO PROTECT WORKERS: (remuneration, health and safety, protection of
working person, etc.).
BACKGROUND TO THE EMPLOYMENT RELATIONSHIP:
(suspension of the relationship, transfer of business, outsourcing,
etc.).
Simulated Trial
Week 9
INDIVIDUAL TERMINATION OF EMPLOYMENT RELATIONSHIP, PART 1 (1/2): (dismissal in general, substantial requirements
of dismissal, formal and procedural requirements, etc.).
INDIVIDUAL TERMINATION OF EMPLOYMENT RELATIONSHIP, PART 1 (2/2): (dismissal in general, substantial requirements
of dismissal, formal and procedural requirements, etc.).
Simulated Trial
Week 10
THE INDIVIDUAL WITHDRAWAL FROM THE EMPLOYMENT RELATIONSHIP, PART 2 (remedies and protections, art. 18 L. 300 of 1970; D.Lgs. 23 of 2015, free area recedibilità, resignation and consensual resolution).
COLLECTIVE DISMISSAL (L. 223 of 1991, requirements, union profiles, selection criteria, sanctions, etc.).
Simulated Trial
Week 11
INDEMNITY FOR TERMINATION OF EMPLOYMENT: (end-of-relationship treatment).
PROTECTION OF WORKERS' RIGHTS
(mandatory labour law, waivers and transactions, certification of employment contracts, limitation and revocation in labour law, judicial protection).
Week 12
FORMS OF EMPLOYMENT AND SOCIAL PROTECTION
INCOME: the system of social shock absorbers.
GUARANTEES OF RIGHTS AND DISPUTES.
Final Trial Simulation with Judge