LABOUR LAW
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.Being able to read and interpret critically the topics discussed.Achieving the ability to express themselves with clear and correct vocabulary and demonstrate a good command of the technical-legal language related to the subject matter
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.
Recommended readings
Proia, Manuale di diritto del lavoro, Cedam, Padova, 2016, Excluding sixth and seventh chapters
Teaching methods
The course consists of frontal lessons and practical-theoretical cutting exercises with active involvement of students.
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.During practical exercises, students, subdivided into working groups, will be guided in the analysis and discussion of case lawThe didactic material used during lessons and exercises (slides and judgments) will be uploaded on the elly platform weekly
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.The use of an appropriate technical and legal languageSufficient will be achieved when the student has shown knowledge, understanding of the institutes and the ability to apply theoretical knowledge to concrete cases.For the only attending students there is a chance to take the exam through a written test in the manner that will be announced during the lessons.
This partial test will be carried out at the end of the educational period.Students who are not satisfied with the grade will be able to choose to complete the written test with an oral interview. The final vote will be determined by the weighted average of the votes.
