LABOUR LAW
cod. 1005999

Academic year 2022/23
2° year of course - First semester
Professor
- Antonio GIOVATI
Academic discipline
Diritto del lavoro (IUS/07)
Field
A scelta dello studente
Type of training activity
Student's choice
63 hours
of face-to-face activities
9 credits
hub:
course unit
in ITALIAN

Learning objectives

- Knowledge and understanding skills: at the end of the course, students are expected to acquire the tools for understanding the rules governing employment relationships in their individual and collective aspects and to gain a comprehensive knowledge of labour law, with particular reference to some aspects of policy of law, and to gain an advanced knowledge of the main topics.   
- Practise knowledge and understanding skills: at the end of the course, students are expected to be able to use the knowledge gained to analyse legal documents (laws, collective agreements, sentences) and, therefore, to handle case studies regarding the staff management and industrial relations.
- Making judgments: at the end of the course, students are expected to read and interpret critically the topics dealt with, combining both the knowledge gained and their own point of view. This means that they will be able to manage different aspects of the subject autonomously and critically.
- Comunication skills: at the end of the course, students are expected to express themselves clearly and properly and to use the technical-legal language of the subjects.
- Learning skills: at the end of the course, students are expected to develop their understanding skills and to acquire, autonomously, professional skills necessary to enter the labour market.

Prerequisites

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

Bibliography

Mazzotta, Diritto sindacale, Giappichelli, 2017
Ghera, Garilli, Garofalo, Lineamenti di diritto del lavoro, Giappichelli, 2020

Teaching methods

The course will take place in person according to the calendar and timetable of the lessons. Any changes made necessary by the persistence of the health emergency will be promptly communicated through the ELY platform. Lessons will also be recorded for possible asynchronous use. The video recordings of the lessons will be uploaded to the Elly platform and will remain available to students for the entire academic year.

The course consists of frontal lessons. 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.

The teaching materials (slides, sentences, etc.) used during the lessons will be uploaded to the elly platform on a weekly basis

Assessment methods and criteria

The examination, except for variations in the mode induced by situations of need, which will be communicated promptly through the platform Elly, consists of an oral test.
In the eventual continuation or eventual exacerbation of the health emergency, and depending on the evolution of the same, the profit examination may take place or in mixed mode (ie in presence, but with the possibility of support even at a distance for students who request it from the teacher), or only with online mode for all (distance). The modality chosen will be given timely notice in advance of the examination.
The active participation in the lessons, through the answer to the questions and questions submitted by the teacher, will be used to evaluate the effectiveness of the training process during the course, in order to possibly change the approach of the teaching, and will be an element of evaluation in order to define the final judgment of the work of the student.

Other information