COLLECTIVE BARGAINING LAW

The course aims to analyze the positive legislation and the individual regulatory institutions characterizing collective bargaining, which are reconstructed, for the purpose of easier understanding, in a broader reference framework, which takes into account the legal attitude of the individual cases, of historical, political, economic and social interference in the evolutionary path of our Country.

General knowledge of labor law.

Knowledge and understanding: students will be able to know and understand the discipline inherent in trade union relations and collective bargaining. The knowledge will be acquired through frontal teaching, laboratory activities, such as presentations, exercises related to the drafting of trade union agreements, role plays, 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, also with respect to concrete cases, the principles and institutions of trade union law and collective bargaining. Therefore, students will be able to apply the knowledge acquired during the course to concrete situations. 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 regulatory sources and the relevant orientations in doctrine and jurisprudence with reference to the discipline of the law of trade union law and collective bargaining and they will acquire the ability to independently evaluate such data by formulating their 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-legal vocabulary of the relevant 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 referring to the discipline of collective bargaining 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.

The constitutional principles. The organizational structures of the trade unions. Representation and trade union representativeness. Historical profiles of collective bargaining. Structure, nature and function of the collective agreement. The different levels of collective bargaining. The subjective effectiveness of the collective agreement. The non-negotiability of the collective agreement. Relations between collective agreements. Relations between trade unions and the political system (consultation and social dialogue).

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

- frontal teaching - exercises - case analysis - testimonials

Oral exam The exam consists of an oral interview in which the student must demonstrate knowledge and understanding of the institutions and principles of collective bargaining law and knowing how to apply them to practical cases submitted to his attention by the teacher through the prospect of concrete examples. The student will have to be able to independently analyze the relevant legal sources and orientations of the law of collective bargaining and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he has achieved the study method and learning ability necessary to continue also independently the 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.

Interest in the subject