EUROPEAN UNION LABOUR LAW

EUROPEAN UNION LABOUR LAW

Emilio Rocchini, Antonio Dimitri Zumbo

Instructional goals

The course provides systematic knowledge of European Union labour law, with particular attention to sources, EU competences, the role of the Court of Justice and the interaction between economic freedoms, fundamental social rights and national legal systems. By the end of the course, students should be able to reconstruct the evolution of Social Europe; identify the legal basis of EU action; interpret directives, regulations and Court of Justice case law; and apply EU rules to cases concerning free movement of workers, posting of workers, non-discrimination, working time, health and safety, atypical work, minimum wages, business restructuring and collective labour relations. The course also aims to develop critical reading of official EU sources, legal reasoning and comparison between EU law and the Italian labour law system.

Intended learning outcomes

Knowledge and understanding: students will know the historical development of EU social policy, primary and secondary sources, EU social and employment competences, the main areas of harmonisation and coordination, and the essential lines of Court of Justice case law. Applying knowledge: students will be able to classify an EU labour law issue, identify the relevant source, reconstruct the relationship between EU rules and national law and propose a reasoned legal solution. Making judgements: students will critically assess the balance between the internal market and social protection, including conflicts between economic freedoms and collective rights. Communication skills: students will present legal and case-law issues in a precise and structured manner, including through short case discussions. Learning skills: students will be able to update their knowledge through EUR-Lex, Curia, the European Commission, the European Parliament and the Council, distinguishing binding law, legislative proposals, soft law and case-law developments.

Course Contents

The course examines EU labour law in its main components: principles, sources and the relationship between EU law and national law; fundamental rights and the Charter of Fundamental Rights; free movement of workers and coordination of social security systems; posting of workers and cross-border services; employment policy and vocational training; atypical work, transparent and predictable working conditions, platform work and algorithmic management; equal pay, equal treatment and non-discrimination; working time, health and safety; adequate minimum wages and promotion of collective bargaining; transfers of undertakings, collective redundancies and insolvency; European social dialogue, collective action, European trade union representation, transnational collective bargaining, information, consultation and worker participation.

Reference Books

F. Carinci, A. Pizzoferrato (a cura di), Diritto del lavoro dell'Unione Europea, Giappichelli. Torino, ult. ed.. Further materials and cases will be indicated during the course.

Teaching Methods

Lectures with guided discussion of EU sources and Court of Justice case law. Case analysis, reading of directives and regulations on EUR-Lex, exercises on identifying legal bases and on the relationship between EU law and national law. Short seminars, individual or group presentations and discussions of updated materials may be proposed during the course. Teaching focuses on case-based reasoning and on the ability to connect EU rules with practical labour law issues.

Assessment Method

Assessment takes place through a final oral examination, unless otherwise indicated in the official timetable. The exam assesses: knowledge of EU labour law sources and principles; ability to reconstruct the rationale of regulatory intervention; correct use of technical terminology; ability to connect rules, case law and practical cases; critical autonomy in balancing the internal market and social rights. Any exercises, presentations or mid-term tests may contribute to the assessment according to the procedures communicated by the lecturer. The grade is expressed out of thirty.

Thesis assignment criteria

The final thesis may be assigned to students who have developed a specific interest in EU labour law and demonstrate adequate knowledge of the sources, ability to conduct research on EUR-Lex and Curia, and aptitude for critical analysis of legislation, case law and practical implementation. The request should include a proposed topic or research area, an initial essential bibliography and the methodological profile: normative analysis, case-law analysis, comparison between legal systems or case study. Current, original and feasible topics within the timeframe set by the academic regulations are particularly welcome.

Week 1

Course introduction. Historical development of Social Europe: ECSC, EEC Treaty, Single European Act, Community Charter of Fundamental Social Rights, Maastricht, Amsterdam, Nice, Lisbon, the economic and financial crisis, the European Pillar of Social Rights and subsequent developments.

Week 2

Sources, competences and the relationship between legal orders. Articles 3 TEU, 9, 45, 151-157 TFEU; EU and Member State competences; primacy, direct effect, consistent interpretation, State liability; subsidiarity, proportionality, more favourable rules and non-regression. Court of Justice, ECHR, European Social Charter and Charter of Fundamental Rights.

Week 3

Free movement of workers. EU concept of worker; access to employment; equal treatment; social advantages; entry and residence rights; limitations on grounds of public policy, public security, public health and public service employment; coordination of social security for migrant workers; third-country nationals.

Week 4

Posting of workers and cross-border provision of services. Directive 96/71/EC, Enforcement Directive 2014/67/EU and Directive 2018/957/EU; relationship between freedom to provide services, labour protection and the fight against social dumping; Viking, Laval, Rüffert and Luxembourg case law; regulatory and practical developments.

Week 5

Employment policies and vocational training. European Employment Strategy, open method of coordination, European Semester, European Social Fund Plus, vocational training and recognition of qualifications. Atypical work: part-time work, fixed-term work, temporary work and temporary agency work; European model for regulating non-standard work.

Week 6

Information on working conditions and minimum rights. From Directive 91/533/EEC to Directive (EU) 2019/1152 on transparent and predictable working conditions; probationary periods, parallel employment, predictability of work, transitions and training. Work-life balance and leave. Platform work, employment status, transparency and algorithmic management.

Week 7

Equality and non-discrimination. Equal pay in the Treaty and secondary law; direct and indirect discrimination; pay and job classification systems; maternity, parental leave, positive action, burden of proof and sanctions. Non-gender discrimination: race and ethnic origin, religion or belief, disability, age, sexual orientation. Pay transparency and the gender pay gap.

Week 8

Working time, health and safety. Directive 2003/88/EC: working time, rest periods, annual leave, night work and stand-by time in the Court of Justice case law. Right to disconnect and predictability of working time. Framework Directive 89/391/EEC, individual directives, protection of pregnant workers and young people; EU health and safety strategies.

Week 9

Adequate minimum wages and collective bargaining. Legal basis of Directive (EU) 2022/2041; limits under Article 153(5) TFEU; adequacy of statutory minimum wages; collective bargaining coverage; measures to promote collective bargaining; implications for national systems without a general statutory minimum wage.

Week 10

Business restructuring and crisis. Transfer of undertakings and protection of workers' rights; collective redundancies; employer insolvency; information and consultation obligations; role of Court of Justice case law.

Week 11

European collective labour relations. Europeanisation of industrial relations; European trade unions and employers' organisations; European social dialogue; sectoral and cross-industry European collective bargaining; legal effects of European agreements through Council decision or national procedures; voluntary transnational bargaining in multinational undertakings.

Week 12

Information, consultation and participation. European Works Councils; general information and consultation framework; worker participation in the European Company; financial participation; impact on industrial relations and reform prospects.