Learning objectives
This class is aticulated into two didactical modules and aims to illustrate
the hole set of rules which regulates Italian labour law, either trade
unions law (particularly, unions’ organisation, unions’
representation power and rights, collective bargaining, collective actions
and their regulations); and employment contract law (particularly, the
notion of employment contract and relationship, labour market,
employer’s powers and dismissals). Lessons will deal with every
recent amendment of labour law legislation and will provide students
with the necessary scientific, jurisprudencial and doctrinal instruments
which they need in order to interpreter labour law regulations and
provisions.
Course unit content
COurse’s syllabus consists of the following items:
Historical framework of Italian trade union law, since pre-corporative
trade union law system, to its post-corporative evolution.
Trade union organization: trade union as association and “most
representative” trade union. «Union rights».
Industrial democracy. Collective relationships’ self-government .
Typologies of collective agreement and the structure of collective
bargaining. Contractual autonomy and legislation. Conflict’s
institutionalization and self-regulation procedures. The role of legislation.
Collective actions and public authority intervention. The repression of
behaviours addressed to hamper union’s freedom.
Historical framework of employment contract in Italy. Evolution trends of
modern labour law. Employment and quasi-dependent work. Normative
prototype and non-standard contracts. The stipulation and administration
of employment relationship. Legal concerns of the protection of
worker’s person. Employer’s powers within employment
relationship. Wages and labour’s cost: regulative methods and
techniques. Transfer of undertaking. Intervening impossibility of
performance and employment relationship’s suspension.
Voluntary withdrawal and employment relationship’s stability. The
legal model of bound dismissal and judicial control. Mandatory protection
of workers: renunciations, transactions, prescriptions and foreclosures,
liens and the Fondo di garanzia. Judicial protection of rights: labour trial;
proceedings about dismissals.
Bibliography
M. Magnani, Diritto sindacale, Torino, Giappichelli, 2013
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Il rapporto di lavoro subordinato, Torino, Utet, 2013
Or
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Il diritto sindacale, Torino, Utet, 2012
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Il rapporto di lavoro subordinato, Torino, Utet, 2013
Or
M.V. Ballestrero, Diritto Sindacale, Torino, Giappichelli, 2012
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Il rapporto di lavoro subordinato, Torino, Utet, 2013
In addition
M. MAGNANI, Diritto dei contratti di lavoro, Milano, Giuffrè, 2009.
volume updates downloaded frome the sites:
www.giuffre.it/ildirittodeicontratti
https://www.giuffre.it/EBUSINESS/59170/Addenda%20di%20aggiornamento.pdf
The updates are parts of the program
Teaching methods
The course is articulated in frontal lectures and seminars, whose calendar
will be made known during the lectures of the course.
Final test consists of an oral examination.
Only students who have attended course’s lectures will be allowed to divide the examination in two parts. The first one will refer to Trade
union law and will take place at the end of the first part of the course, in
February – March. The test will consist of an oral examination,
whose date and modality will be communicated during the lectures of the
course. The second part, also an oral examination, will concern the
employment contract, and will take place within the last session of july.
