LABOUR LAW - UNIT 2
Learning outcomes of the course unit
The course aims to enable the student to know and understand the fundamental principles of subordinate work and labor market regulation through the investigation of the most fundamental and most problematic approaches that characterize the evolution of matter. The purpose of the lessons is to make the student able to use the knowledge and understanding of the main issues related to the management of the relationship, its development and its extinction, as well as the dynamics of meeting demand and supply of work, In order to be able to evaluate the use of flexible contracts in a critical way, to be able to analyze their role in the development of policies linked to the fall in unemployment rates, and thus to be able to form an autonomous judgment on the trend of the working cycle. In addition, the analysis and discussion of the most relevant jurisprudence guidelines on the subject will give the student the opportunity to acquire communication skills and critical approach in the representation and solution of work-related issues, contractual formulation and management, Types of agreement, the extinction of the contract.
Prerequisites. Examinations of Private Law Institutions, Roman Law Institutions and Constitutional Law are preliminary.
Course contents summary
The course intends to describe and analyze the different profiles related to the discipline and regulation of the work relationship on the one hand and the labor market, on the other, being non-impermeable but complementary and closely interrelated themes. The program therefore consists of a part devoted to the establishment of the employment relationship and its administration: in particular, the powers and duties of the parties; Power of control and control, disciplinary power; pay; Business transfer; Unavailability of work performance and suspension of the relationship; Voluntary withdrawal and stability regimes; Legal model for dismissal and judicial review of the grounds; Sanctions against unlawful redundancies; Dismissal for staff reduction; Protection of workers' rights (waivers and transactions, prescriptions and declines, privileges and guarantees fund, legal protection). An essential complement to this discussion is the deepening of the issue of liberalization of placement, administrative decentralization and employment services; The principles of reform in the organization and discipline of the labor market, including the presence of private operators (employment agencies); Flexible working contracts (strongly redrafted by the legislator in the last period as a major tool to facilitate the meeting of demand and job supply and to make our labor market more dynamic). In this context, the general issues related to the provision of labor, term contracts, training contracts, time-regulated contracts (intermittent work, part-time work, part-time work), working partnerships Autonomous and heterogeneous.
A. Garilli, D. Garofalo, E. Ghera, Diritto del lavoro, Giappichelli, Torino, 2017, chapters from third to twelfth.
The course is divided into frontal lessons. The lessons will highlight the foundational features of each institution, as well as discuss the main issues related to their application and any jurisprudential guidelines related to the interpretation of the major and most controversial legal concepts involved.
The slides used to support the lessons will be uploaded to the end of the course on the Elly platform. Slides are complementary and supportive material and should not be construed as substitutes for the study of the reference texts indicated.
Assessment methods and criteria
The assessment of the achievement of the objectives set by the course includes an oral exam. Each student will be asked a minimum of two questions: a part of these will focus on the topics covered in class and deepened in the reference texts, to verify the achievement of knowledge and understanding of the various rules governing the discipline of the employment relationship; a second part of questions, concerning the flexibility instruments entering the labor market, will aim to verify the achievement of the ability to know how to apply the acquired knowledge. The exam is passed when the student has proved able to correctly expose the discipline of the institutions requested by the examiner, as well as to know, even if in abstract, to apply the acquired knowledge in a critical and reasoned way.
Additional activities for the acquisition of CFU
Students transferred from another University who must integrate credits must agree directly with the teacher.