Learning objectives
The course aims to enable the student to know and understand the fundamental principles of subordinate work and labor market regulation through the investigation of the most fundamental and most problematic approaches that characterize the evolution of matter. The purpose of the lessons is to make the student able to use the knowledge and understanding of the main issues related to the management of the relationship, its development and its extinction, as well as the dynamics of meeting demand and supply of work, In order to be able to evaluate the use of flexible contracts in a critical way, to be able to analyze their role in the development of policies linked to the fall in unemployment rates, and thus to be able to form an autonomous judgment on the trend of the working cycle. In addition, the analysis and discussion of the most relevant jurisprudence guidelines on the subject will give the student the opportunity to acquire communication skills and critical approach in the representation and solution of work-related issues, contractual formulation and management, Types of agreement, the extinction of the contract.
Prerequisites
Prerequisites. Examinations of Private Law Institutions, Roman Law Institutions and Constitutional Law are preliminary.
Course unit content
The course aims to describe and analyze the different aspects related to the discipline and regulation of employment relationships on one hand, and the labor market on the other. These topics are not impermeable to each other but are complementary and strongly interconnected. The program is therefore divided into a part dedicated to the establishment of the employment relationship and its administration: in particular, the powers and duties of the parties; directive and control powers, disciplinary power; remuneration; business transfer; supervening impossibility of work performance and suspension of the relationship; voluntary resignation and stability regimes; legal model of dismissal and judicial control over the reasons; sanctions against unlawful dismissals; dismissal due to staff reduction; protection of workers' rights (waivers and settlements, prescriptions and forfeitures, privileges, and the Guarantee Fund). An essential complement to this discussion is the in-depth examination of the topic of flexible work contracts (recently significantly re-regulated by the legislator as the main tool to facilitate the meeting between supply and demand for labor and to make our labor market more dynamic). In this context, the general issues related to labor supply, fixed-term contracts, contracts with a training component, contracts with variable working hours (intermittent work; part-time work), and autonomous and hetero-organized work collaborations will be discussed.
Full programme
Bibliography
A. Garilli, D. Garofalo, E. Ghera, Diritto del lavoro, Giappichelli, Torino, 2023.
The following parts of the manual are excluded:
- Capitolo secondo
IL LAVORO SUBORDINATO
Sez. C: Lavoro gratuito e prestazione di lavoro nei rapporti associativi
- Capitolo ottavo
GARANZIE DEI DIRITTI DEI LAVORATORI
Sez. D: La tutela giurisdizionale differenziata del lavoratore
- Capitolo nono
I RAPPORTI SPECIALI DI LAVORO
Sez. A: I rapporti speciali caratterizzati dalla tipicità degli interessi pubblici coinvolti
Sez. B: I rapporti speciali di lavoro caratterizzati dalla tipicità della posizione del datore e/o del prestatore di lavoro
- Capitolo decimo
LA TUTELA DEL LAVORATORE NEL MERCATO DEL LAVORO
Teaching methods
The course consists in frontal lessons. The lessons will highlight the foundational features of each institution, as well as discuss the main issues related to their application and any jurisprudential guidelines related to the interpretation of the major and most controversial legal concepts involved.
The slides used to support the lessons will be uploaded to the end of the course on the Elly platform. Slides are complementary and supportive material and should not be construed as substitutes for the study of the reference texts indicated.
Assessment methods and criteria
The assessment of the achievement of the objectives set by the course includes an oral exam.
Each student will be asked a minimum of two questions: a part of these will focus on the topics covered in class and deepened in the reference texts, to verify the achievement of knowledge and understanding of the various rules governing the discipline of the employment relationship; a second part of questions, concerning the flexibility instruments entering the labor market, will aim to verify the achievement of the ability to know how to apply the acquired knowledge. The exam is passed when the student has proved able to correctly expose the discipline of the institutions requested by the examiner, as well as to know, even if in abstract, to apply the acquired knowledge in a critical and reasoned way.
Other information
During the exam students can consult the normative texts.
A good knowledge of the civil institutes of reference is required to pass the exam. In particular: unrecognized associations; obbligations; representation; nullity.
Additional activities for the acquisition of CFU.
Students transferred from another University who must integrate credits must agree directly with the teacher (Prof.ssa Susanna Palladini).
