Learning outcomes of the course unit
The course allows the student to understand the legal meaning of the employment relationship and its role within the broader system of national and European legal systems. Through the attendance of lectures and the study of the indicated materials, 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
Course contents summary
The course covers the main legal institutions of trade unions and employment relationship law, within Italian and European law.
It 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, and on the study of collective representation and actions of workers and employers. The structure, function and powers of workers’ representations within the company and the productive plants are analysed as well.
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 legal regulation of labour market and of non-standard contractual models for the recruitment of the labour force, as regulated in national and European law
The Sources of labour law
Trade unions’ organization
Collective organizations of employers
The freedom of employees to take part to a trade unions and to their collective actions
The judicial protections of unions’ activities and strike
Distinction between employment and self employment work
Object of the employment contract (tasks and jus variandi)
Powers of the employer
Duties of employees
Working time limits
Antidiscrimination labour law
The termination of the employment relationship: individual dismissals; collective redundancy; workers’ resignation
The labour market
Temporary agency work
Non – standard employment contracts
The so-called “special” contracts of employment
For the students who attend to the lectures, the study of concerned issues focuses primarily on what is discussed during the classes and on the indicated materials. In any case, for a further study, students can use the chapters and paragraphs corresponding to the listed themes in:
M.V. Ballestrero e G. De Simone, Diritto del lavoro, Giappichelli, Torino, in the most recent available edition
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 frontal lectures. Students are highly suggested to take part to the classes. To the students will be offered the possibility to carry out research works to be presented to the colleagues and the professor during the classes.
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 and of concerned case law;
• 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 within organizations, of his rights and his obligations
The students who attends to the lectures, after random assessment of their presence, will be allowed to take a written partial examination, based on multiple choice or open answers questions, on the subjects treated during the first part of the course, whose results will be taken into account for the final evaluation
The participation to the classes, through the presentation of the assigned research work, will be taken into account as well