INDUSTRIAL RELATIONS LAW
cod. 1011019

Academic year 2022/23
2° year of course - Second semester
Professor
- Maria Giovanna GRECO
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: PARMA
course unit
in ITALIAN

Learning objectives


The course aims to achieve the following results:
- Knowledge and understanding skills:The course aims to provide advanced knowledge and skills related to the collective management of labour relations through the instrument of industrial relations; 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, sentences) and, therefore, to handle case studies regarding the staff management;
- 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

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Course unit content


The course content concerns the legal-institutional dimension of collective labour relations. It illustrates the system of sources in the international, European Union and domestic legal system aimed at guaranteeing the freedom of association and the right to strike as fundamental workers' rights; the notion of inter-union order; the actors of the industrial relations system at central and decentralised levels, the issue of trade union representation and representativeness, with particular regard to workers' representations in the workplace and the regulation contained in the Workers' Statute. The second part is devoted to trade union activity and to the collective agreement as an instrument for the settlement of collective interests, collective bargaining as a system autonomously regulated by the actors of industrial relations, the relationships between law and collective agreement and between collective agreements of different levels, trade union relations in the civil service, and social consultation/concertation with the State. Finally, the course deals with collective conflict and the right to strike, the limits of exercise in essential public services, the lock-out and other forms of industrial action.

Full programme


he object of industrial relations, the notion of inter-union system, international and constitutional sources: in particular the principle of freedom of association, trade union freedom in the workplace, the actors of industrial relations: trade union and employer organisations; trade union representation and representativeness; workers' representations in the workplace; trade union activity in the enterprise; the repression of anti-union conduct; the collective agreement and its effectiveness; the functions of the collective agreement; relations between collective agreements of different levels and between law and collective agreement; collective bargaining and its rules; collective bargaining in civil service; consultation and social dialogue; the right to strike and other forms of trade union struggle; regulation of strikes in essential public services; the lock-out as freedom of the enterprise.

Bibliography


O. Mazzotta, Diritto sindacale, Giappichelli, 2021
- L. Bordogna, R. Pedersini, Relazioni industriali, Il

Teaching methods


The course will take place in person.
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 didactic material used during lessons and exercises will be uploaded on the Elly platform weekly.

Assessment methods and criteria


The exam consists of an oral test.
In the event that the health emergency continues, and depending on how it evolves, the exam can take place either in mixed mode (i.e. in the presence, but with the possibility of support even remotely for students who request it from the teacher ), or only online for everyone (remotely). Information will be given promptly on the method chosen in advance of the exam.

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.
The vote will be awarded according to the following value system:
Below 18/30 – insufficient level: the student does not achieve any of the learning outcomes included in the "Knowledge and understanding skills" paragraph;
18-20/30 – sufficient level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph;
21-20/30 – fully sufficient level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph and "Practise knowledge and understanding skills" paragraph;
24-26/30 – good level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph and “Self-assessment” paragraph;
27-29/30 – very good level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph, “Self-assessment” paragraph and “Communication skills” paragraph;
30/30 cum laude: excellent level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph, “Self-assessment” paragraph, “Communication skills” paragraph and “Understanding skills” paragraph.

Attending students will be able to take the exam in two partial written tests, with multiple choice questions, concerning the topics covered during the course, the outcome of which will form the basis of the final evaluation.
The date, the topics covered by the partial tests and the procedures (remotely or face-to-face) will be defined during the lessons. The final grade will be the result of the weighted average of the marks obtained in the partial tests. The vote can be increased through a further oral examination. The results of the partial tests will be announced through publication on the Elly platform.
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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