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 employer; the contractual models through which workforce is hired.
Course contents summary
The course covers the main legal institutions of trade unions and employment 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
Temporary agency 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’ resignationSeverance payThe labour marketTemporary agency workNon – standard employment contractsThe so-called “special” contracts of employmentThe following subjects are not included within the program of the course in Social Service:Employers’ lockoutThe judicial protections of unions’ activities and strikeTemporary agency workWorkers’ remuneration Working time limits
For the students that attend at classes, the study of concerned issues focuses primarily on what is discussed during the classes and on the indicated materials, uploaded on Elly portal. In any case, for a further study, students can use the chapters and paragraphs corresponding to the listed themes present within the text-books suggested to not attending students.
In order to sustain the final exam, students that do not have attended at classes can study the matters object of the course on one of the fallowing text-books,:
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
Students of the course in Social service are not required to study the chapters of the text books on:
The following subjects are not included within the program of the course in Social Service:Employers’ lockout
The judicial protections of unions’ activities and strikeTemporary agency work
Working time limits
The course consists of heuritstic-socratic classes, founded on the definition of principles and rules that regulate the main institutions of labour and employment law, and on the analysis of case-studies on the most significant case-law on the treated matters.
Students are highly suggested to take part to the classes. The possibility to carry out research works to be presented to the colleagues and the professor during the classes will be offered to the students.
During the classes the founding characteristics of each institution will be highlighted and the general issues and case law related to their application will be discussed
Seminars for a more accurated study of treated matters will be carried out, with the participation of guest professors, expert on the treated subjects.
Assessment methods and criteria
The assessment of the achievement of the learning objectives is carried out through an oral examination, aiming to verify:
• 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 two one hour written partial examinations, based on multiple choice or open answer questions, on the subjects treated during the course, whose results will be taken into account for the final evaluation.
The weight attributed to each answer, open answer or multiple choice, will be established by the professor according to the overall level of the results of the examination.
Final evaluation will be the result of a weighted average between the two partial examinations.
The final mark can be incremented through a further oral examination.
The results of partial examinations will be published on Elly.
The presentation of the assigned research works an 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.