Learning objectives
At the end of the course the student is required to be able:
- to understand the legal meaning of the employment relationship and its place in the wider system of national and European legal systems;
- to know the principles governing trade union law; in particular, the prerogatives of the trade unions in the company; the discipline of the trade unions in the Italian legal system; the nature, structure and effectiveness of the collective agreement;
- to know the fundamental principles governing the employment relationship, its distinction from self-employment and its interaction with the right of association;
- to know the content of workers' rights; powers and the prerogatives of the employer; the contractual models through which workforce is hired;
- to know the principles ant rules regulating the labour market, in particular the role played by European law;
- to interpret legal texts dealing with labour law matters. In particular the decisions delivered by European and national courts;
- to solve legal question dealing with trade unions actions and the employment relationship.
Prerequisites
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Course unit content
The course covers the main legal institutions of trade unions and employment law, with regard to Italian and European Union law.
It is divided into three parts.
The first focuses on the Italian and European sources governing the employment relationship and industrial relations, with particular attention to the role played by collective agreements, and on the study of collective representation and actions of workers and employers. The structure, function and powers of workers’ representations within the company and the productive plants are analysed as well.
The second part concerns the qualification of the employment relationship, the powers of the employer, and the obligations and rights of the worker.
The third part focuses on the legal regulation of labour market and of non-standard contractual models for the recruitment of the labour force, as regulated by national and European law, with particular regard to the so-called "European employment strategy (EES)"
Full programme
The Sources of labour law
Trade unions’ organization
Collective organizations of employers
The freedom of employees to take part to a trade unions and to their collective actions
Collective bargaining
Strike
Employers’ lockout
The judicial protections of unions’ activities and strike
Distinction between employment and self-employment work
Object of the employment contract (tasks and jus variandi)
Powers of the employer
Duties of employees
Workers’ remuneration
Working time limits
Workers’ leaves
Antidiscrimination labour law
The termination of the employment relationship: individual dismissals; collective redundancy; workers’ resignation
Severance pay
The labour market
Temporary agency work
Non – standard employment contracts
The so-called “special” contracts of employment
Bibliography
For the students that attend at classes, the study of concerned issues focuses primarily on what is discussed during the classes and on the indicated materials, uploaded on Elly portal, periodically, each time the subjects discussed will be treated during the classes. In any case, for a further study, students can use the chapters and paragraphs corresponding to the listed themes present within the text-books suggested to not attending students.
In order to sustain the final exam, students that do not have attended at classes can study the matters object of the course on one of the fallowing text-books,:
M.V. Ballestrero e G. De Simone, Diritto del lavoro, Giappichelli, Torino, in the most recent available edition.
In particular, the following parts:
part I, chap. I (per intero); part II (entirely); part III (chap. II: sez. I; sez. III; cap. IV); part V (chap. I); part VI (entirely); part VII (chap. I; chap. II; chap. III: pr. 1; pr. 4); Part VIII (chap. I; chap. II: sec. I; sec. II; chap. III; chap. IV )
or
F. Carinci, R. de Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, Utet, Torino,volume I (Il diritto sindacale) e volume II (Il rapporto di lavoro subordinato), in the most recent available edition.
In particular, the following parts:
vol. I: chap. I; chap. IV; chap. V; chap. VI; chap. VIII; chap IX; chap. X; chap. XII; chap. XIII
vol. II: chap. II; chap. IV (A; B); chap. VI; chap. VII; chap. VIII; chap. IX; chap. X (A); chap. XI; chap. XII.
Students of the course in Social service are not required to study the chapters of the text books on:
Teaching methods
The course consists of lectures and heuritstic-socratic classes, founded on the definition of principles and rules that regulate the main institutions of labour and employment law, and on the analysis of case-studies on the most significant case-law on the treated matters.
Students are highly suggested to take part to the classes.
During the classes the founding characteristics of each institution will be highlighted and the general issues and case law related to their application will be discussed.
The teaching materials used during the classes (eg slides) will be made available on Elly
Assessment methods and criteria
The assessment of the achievement of the learning objectives is carried out through an oral examination, aiming to verify:
• the knowledge of the characteristic features of the legal institutions treated and of concerned case law;
• the understanding of the interrelationships between the functioning of organizational dynamics and the regulation of labor relations;
• the critical evaluation of the position of the worker within organizations, of his rights and his obligations.
During the course, two partial written exams will be held, for students who participate at the classe, with multiple choice questions and open questions, covering the topics treated during the classes, the result of which will form the basis of the final evaluation. Attendance will be ascertained by collecting signatures on randomly selected dates.
The active participation to the classes, through answering questions and participation to the discussions proposed by the professor, will allow to evaluate the effectiveness of the educating process (and eventually change the didactic approach) and the level of the knowledge achieved by students.
Other information
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