Learning outcomes of the course unit
The course allows the student to understand the legal significance of the employment relationship and its place in the broader system of national and European legal systems. Through the attendance of lectures and study of the material, the student acquires knowledge of the fundamental principles governing the employment relationship, its distinction from self-employment and its interaction with the right of association; workers' rights; powers and the prerogatives of the entrepreneur, the contractual models through which workforce is hired; specificities of these phenomena in the public sector. The course is designed to make students understand the mechanisms for the acquisition and management of workforce within the organizations (public or private) for whom they will carry out their professional activities, and to make them better understand the legal regulation of the relationships between the subjects involved in the social contexts in which they will operate.
Course contents summary
The course covers the main legal institutions of trade unions and employment relationship law. Particular attention is given to the public sector, in general, and the different contractual models for the employment of the labour force, especially the most employed ones within the social services area.
The course 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 both in the private and in the public sector. The structure, function and powers of workers’ representations within the company are analysed.
The second part concerns the qualification of the employment relationship, the powers of the employer, and the obligations and rights of the worker, both with regard to the public and the private sector.
The third part focuses on the non-standard contractual models for the recruitment of the labour force, as regulated in national and European law; on the most employed ones within the social services area; as well as the peculiarities related t their employment within the public sector.
The Sources of labour law
Types of Collective agreement
Employment relationship: distinction between employment and self employment
Work on projects
Object of the employment contract (tasks and jus variandi)
Duties of employee
The employer's powers.
The working time limits.
The termination of the employment relationship: individual dismissal
Non – standard employment contracts.
The so-called “special” contracts of employment
The study of concerned issues focuses primarily on what is discussed in class and on the distributed materials. In any case, for a further study students can use the chapters and paragraphs corresponding to the listed themes in: 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.
The course consists of lectures. During the lectures the founding characteristics of each institution will be highlighted and the general issues and case law related to their application will be discussed.
Assessment methods and criteria
The assessment of the achievement of the learning objectives of the course is carried out through a written examination with multiple choice questions. The questions aim to assess:
• The knowledge of the characteristic features of the legal institutions treated;
• 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 in organizations, of his rights and his obligations.