LEGAL TRAINING (LABOUR)

Simone Caponetti

Instructional goals

The course has the following objectives: Provides students with a working method and in-depth analysis of legal issues in the employment field; Equips students with the theoretical and practical tools necessary to address and resolve the most recurring legal issues; Allows students to try their hand at preparing documents and opinions; Gives students the opportunity to orally present the texts under study and compare themselves with the different positions of other students.

Prerequisites

Prior knowledge of the basic notions of labor law is required. In this sense, the first part of the course will be useful for brushing up and deepening the fundamental notions of the topics covered debated during practic exercises.

Intended learning outcomes

Knowledge and understanding: The student, through participation in the theoretical lessons (first part of the course - 6 lessons) will delve into the main issues in the labor field, both from a regulatory point of view and from the point of view of the main doctrinal and jurisprudential orientations. The knowledge acquired will be fundamental for the second part of the course. Ability to apply knowledge and understanding: The student, through participation in practical exercises (second part of the course - 6 lessons) will go into detail of the cases proposed in class in order to provide concrete solutions by drafting of documents and opinions with respect to the underlying issues. Judgement: Students, through the notions acquired in the first part of the course and the method acquired in the second part of the course, will develop their ability in evaluating and makeing critical judgement. Communication skills: The student, through classroom discussions and presentation of the cases, will have the opportunity to develop their communication skills. Learning ability: The student, through the examination of specific cases, will develop a better learning method and in-depth ability, with a specific focus on theoretical notions for case solution.

Course Contents

The course consists of two distinct parts. A first "theoretical" part (6 lessons), with detailed study of some main topics of “Labour Law”. During this part, students will be provided with the necessary knowledge for the second part of the course. A second "practical" part (6 lessons), with practical exercises consisting in the development of documents and opinions on concrete cases.

Reference Books

The teaching material, integrated with the notes collected during lessons, will be provided by uploading to the Luiss Learn platform.

Teaching Methods

Taught class Class exercises through working guided groups Drafting of documents and opinions comparison on insights of students and solutions proposed

Assessment Method

The exam has two distinct formats for attending students (at least 70% attendance) and non-attending students. Attending Students Active participation in class will be assessed. In the exam, attending students will discuss one of the cases covered in class (selected by the student), explaining the legal issues underlying the case, the relevant case law, and the proposed solutions. Non-Attending Students Before the exam, non-attending students must prepare and submit to the instructor (at least 10 days before the exam to simonecaponetti@gmail.com) the documents and opinions on the cases covered in class (mentioned above). In the exam, non-attending students will discuss all the cases covered in class, explaining the legal issues underlying the case, the relevant case law, and the proposed solutions. The exam will be considered passed if the student demonstrates mastery of the topics covered and the method explored in depth in class.

Thesis assignment criteria

Demonstrated interest on topics debated in class

Week 1

Presentation of the course. Exposition of the aims and contents of the course. Topics (theoretical lesson): Self-employment Employment “Parasubordinato” work Examination of the main jurisprudential and doctrinal orientations

Week 2

Topics (theoretical lesson): Tasks Job assignment of lower roles Examination of the main jurisprudential and doctrinal orientations

Week 3

Topics (theoretical lesson): fixed-term contract Examination of the main jurisprudential and doctrinal orientations

Week 4

Topics (theoretical lesson): Settlement agreement Examination of the main jurisprudential and doctrinal orientations

Week 5

Topics (theoretical lesson): Individual dismissal Examination of the main jurisprudential and doctrinal orientations

Week 6

Topics (theoretical lesson): Collective dismissal Examination of the main jurisprudential and doctrinal orientations

Week 7

Practical exercise “Parere” on: specific case analysis self-employment – employment - collaborations Discussing opinions drawn up by working groups

Week 8

Practical exercise “Parere” on: assignment of lower roles Discussing opinions drawn up by working groups

Week 9

Practical exercise “Parere” on: fixed-term contract Discussing opinions drawn up by working groups

Week 10

Practical exercise “Parere” on: Settlement agreement Discussing opinions drawn up by working groups

Week 11

Practical exercise “Atto” on: Individual dismissal for “giusta causa” Discussing of opinions drawn up by working groups

Week 12

Practical exercise “Atto” on: Individual dismissal for economic reason Discussing opinions drawn up by working groups