Learning objectives
The purpose of the course is the achievement of the following formative aims :
- Developing the knowledge of trade union law and of the individual working relationship;
- Achieving a wide capacity of comprehension of how the company economic organization can influence the working relationship;
- Being able to use her/his own knowledge in order to define the criteria to solve judicial or extra judicial claim;
- Achieving the basis knowledge for a theoretical – dogmatic analysis of the law system necessary for the research and developing of didactic activity.
- Being able to read and interpret critically the topics discussed.
Achieving the ability to express themselves with clear and correct vocabulary and demonstrate a good command of the technical-legal language related to the subject matter.
Prerequisites
Examinations of inst private law and constitutional law are essential.
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 nonstandard
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.
Full programme
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Bibliography
Refer to the reference texts of the modules.
Teaching methods
The course consists in a frontal lessons, exercitations based on written
tests and lectures. During the didactic activity, the peculiarities of each
institute will be point out and the general issues connected to their
practical application and to trends case law will be discussed.
Assessment methods and criteria
The final exam consists in a oral test based on rather three different questions in order to verify:
- The knowledge and the comprehension of the contests of the course;
- The knowledge of the doctrinal and case law matters;
- The capability of solving concrete cases.
- The use of an appropriate technical and legal language
Sufficient will be achieved when the student has shown knowledge, understanding of the institutes and the ability to apply theoretical knowledge to concrete cases.
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
January - February. 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.
The evaluation will be based on the weighted average of the votes cast in the two partial.
Other information
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