LABOUR LAW - UNIT 1
Learning outcomes of the course unit
The purpose of the course is the achievement of the following formative aims :
- Developing the knowledge of trade union law and of the individual working relationship;
- Achieving a wide capacity of comprehension of how the company economic organization can influence the working relationship;
- Being able to use her/his own knowledge in order to define the criteria to solve judicial or extra judicial claim;
- Achieving the basis knowledge for a theoretical – dogmatic analysis of the law system necessary for the research and developing of didactic activity.
Course contents summary
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 non-standard 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.
M. Magnani, Diritto sindacale, Torino, Giappichelli, 2013;
M. Esposito- L. Gaeta - R. Santucci- A. Viscomi- A.Zoppoli- L. Zoppoli, Istituzioni di diritto del lavoro e sindacale, volume I, Introduzione, Giappichelli 2015;
M. Esposito- L. Gaeta - R. Santucci- A. Viscomi- A.Zoppoli- L. Zoppoli, Istituzioni di diritto del lavoro e sindacale, Volume III, Mercato, contratto e rapporti di lavoro, Giappichelli 2015.
The course consists in a frontal lessons, exercitations based on written tests and lectures.
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.
Assessment methods and criteria
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.