Learning objectives
The course aims to allow the student to know and understand the essential elements of the employment contract. To this end, the student will be able to read critically the contractual arrangement of a subordinate lender as it will be put into the condition of investigating the fundamental and most problematic links that characterize the genesis, development and conclusion of the relationship, for the purpose of To understand the main issues related to the legal link between the employer and the employee. In addition, a detailed analysis of the major tools offered by the organization to safeguard the weak categories in the labor market will give the student the opportunity, applying the knowledge and understanding of the topics dealt with, acquiring the ability to contribute and To the orientation of those in difficulty, in order to solve any critical situations related to social exclusion and to remove obstacles that prevent active inclusion in the world of work.
Prerequisites
Course unit content
The course will be divided into two parts: a first part of the lessons will be devoted to the foundations of labor and union law, such as sources, collective bargaining, the role and functions of trade unions, the employment contract, duties and party powers, the labor market and flexible employment contracts, the withdrawal and the protection of the rights of the subordinate worker; a second part will be devoted to deepening the most important topics for social service providers, such as: the job placement system, with particular reference to the placement of disadvantaged people (compulsory placement, disability, non-EU citizens) ; the contractual models aimed at entering the labor market of weaker subjects: (apprenticeship, internships, internships); special working relationships with weak or disadvantaged people (the work of minors, the work of detainees) or in any case more used in the social services sector (work in cooperatives); the protection of women and anti-discriminatory protection.
Full programme
Bibliography
R. DEL PUNTA, Diritto del lavoro, Giuffrè, Milano, 2020
Sezione prima: cap. IV. La Costituzione. – cap. VI. Le fonti del diritto del lavoro.
Sezione seconda. cap. I. Organizzazione e azione sindacale. - cap. II. Sindacato e ordinamento giuridico. - cap. III. La contrattazione collettiva. - cap. V. Le relazioni sindacali in azienda.
Sezione quarta. cap. I. Il lavoro subordinato. - cap. II. Lavoro autonomo, coordinato, occasionale.
Sezione quinta. cap. I. L’accesso al lavoro. – cap. II. La struttura del rapporto di lavoro. – cap. III. Oggetto e luogo della prestazione di lavoro. - cap. IV. Il tempo della prestazione di lavoro. – cap. V. Potere di controllo e tutela della privacy. – cap. VI. Il potere disciplinare. - cap. VII. La retribuzione. - cap. IX. Eguaglianza e discriminazioni - cap. X. Le sospensioni del lavoro. - cap. XI. L’estinzione del rapporto di lavoro. - cap. XII. La crisi dell'impresa.
Sezione sesta. cap. I. Il lavoro a orario ridotto e flessibile. - cap. II. Il lavoro a termine. - cap. III. Il lavoro dei giovani. - cap. IV. Il lavoro “esterno”.
Teaching methods
The course is divided into frontal lessons.
During the course, the general issues related to the application of the foundation's characteristics of each institution will be discussed and any jurisprudential guidelines related to the interpretation of the most controversial legal concepts involved.
The slides used to support the lessons will be uploaded to the Elly platform on a weekly basis, after the explanation of the institution or institutes on which the teaching activity is based. The slides constitute supplementary and supporting material and are not intended as a substitute for studying the reference texts indicated.
Assessment methods and criteria
The assessment of the achievement of the objectives set by the course involves an oral exam.
During the first semester, in the persistence of the health emergency and depending on its evolution, the exam may take place either in mixed mode (i.e. in the presence, but with the possibility of taking it even remotely for students who do request to the teacher), or only online for everyone (at a distance). Of the chosen modality, between the two indicated, information will be promptly given on the esse3 system in advance of the exam.
By means of questions regarding the contents of the course, it will be ascertained whether the student has achieved the objective of knowledge and understanding of the discipline of the various labor institutes addressed in class; in particular, through questions regarding the support tools for the weaker categories, it will be ascertained whether the student has achieved the goal of knowing how to apply the acquired knowledge.
For students who will attend the lessons it is possible to carry out, on a single date at the end of the cycle of lessons (date that will be agreed with the teacher during the first weeks of lessons), a written exam conducted at a distance (through the Elly platform), through multiple choice questions (4 possible answers, of which only one is correct): as for the oral exam, the objective of the questions will be to verify the achievement of knowledge and understanding of the discipline of the various labor institutes addressed in class, with particular attention to the tools to support the weaker categories, as well as to find the ability to know how to evaluate their practical application.
The duration and manner of carrying out the written test will be communicated by the teacher during the lessons, and will also be publicized through the usual communication channels with the students (announcements / announcements from the teacher). The written test is graded on a 0-30 scale. Honors are awarded following the teacher's evaluation of the number and nature of the errors found.
The vote obtained will be communicated one week after the test was carried out through the Elly platform. Those who believe that they do not accept the reported grade can attend the usual oral exam, prepared on the entire program shown above.
Other information
