Learning outcomes of the course unit
The aim of the course is to enable the student to know and understand the essential elements of the employment contract, both the private and the public administration: for this purpose, the student will be put in the condition of knowing the fundamental links And problems that characterize the genesis, the development and the conclusion of the work relationship, in order to provide also the ability to critically refer to the main issues related to the legal relationship between the employer and the subordinate worker. In addition, the detailed analysis of the various institutions involved will give the student the opportunity, applying the knowledge and understanding of the topics dealt with, to acquire autonomy of judgment and critical approach in examining topics related to contractual formulation and integration into the world of work.
Course contents summary
The course will be divided into two parts: a first part of lessons will be devoted to the founding institutions of labor and labor law, such as sources, collective bargaining, the role and functions of trade unions; A second part will be directed to a closer look at the themes most closely linked to the employment contract: the duties and the parties' powers, the labor market and flexible labor contracts, the withdrawal and the protection of the rights of the subordinate worker. The lessons will, in particular, take into account the specificities of the health care sector, as well as any legislative changes that have occurred and also provide tools, doctrines and jurisprudence useful for interpreting the different institutions.
R. DEL PUNTA, Diritto del lavoro, Giuffrè, Milano, 2016.
Sezione prima: cap. IV. La Costituzione. – cap. VI. Le fonti del diritto del lavoro.
Sezione seconda. cap. I. Organizzazione e azione sindacale. - cap. II. Sindacato e ordinamento giuridico. - cap. III. La contrattazione collettiva. - cap. V. Le relazioni sindacali in azienda.
Sezione quarta. cap. I. Il lavoro subordinato. - cap. II. I lavori non subordinati.
Sezione quinta. cap. I. L’accesso al lavoro. – cap. II. La struttura del rapporto di lavoro. – cap. III. Oggetto e luogo della prestazione di lavoro. - cap. IV. Il tempo della prestazione di lavoro. – cap. VI. Il potere disciplinare. - cap. VIII. La tutela della persona sul lavoro - cap. XI. L’estinzione del rapporto di lavoro
Sezione sesta. cap. I. Il lavoro a orario ridotto e flessibile. - cap. II. Il lavoro a termine. - cap. III. Il lavoro dei giovani. - cap. IV. Il lavoro “esterno”: §§ 5-9.
The slides used to support the lessons will be uploaded to the Elly platform in two tranches: a first about half course, a second at the end of lessons.
The course is divided into frontal lessons. During the lessons, the founding features of each institute will be highlighted, as well as discussing the general issues related to their application and possible jurisprudential orientations related to the interpretation of the major and most controversial legal concepts involved.
Assessment methods and criteria
The assessment of the achievement of the objectives of the course involves a written examination, on a single date at the end of the lesson cycle (date that will be agreed with the teacher during the first weeks of the lesson), with questions (about 15) in response Multiple questions (4 possible answers, one only): the objective of the questions will be to verify the achievement of the knowledge and understanding of the discipline of the various working institutions faced in the lesson as well as the ability to know how to evaluate their practical application.
The duration of the written test is 2 hours. The written exam is rated at 0-30. Praise is given in the case of complete task with no errors.