LABOUR LAW - UNIT 1
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
Examinations of private law, constitutional law and Principle of Roman Law are essential.
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. Introduction to the employer's powers; in particular conformative power.
About trade union law:
- M. Magnani, Diritto sindacale, Torino, Giappichelli, 2016 (or latest edition)
M.V. Ballestrero, Diritto sindacale, Torino, Giappichelli, 2018 (o edizione più recente in commercio).
About employment relationship:
E. Ghera, A. Garilli, D. Garofalo, Diritto del lavoro, Torino, Giappichelli, 2020 (or latest edition): chapter 1 and 2
The course consists in a frontal lessons.
In relation to the limitations and rules of conduct imposed by the health emergency still present in this A.A., the activities will take place in telepresence through the use of the Teams and Elly platforms. In particular, lessons will be held in synchronous mode (via Teams), then uploaded to the Elly page of the course. During the lessons in synchronous (direct) mode, mainly frontal approaches will alternate with others characterized by interaction, where possible, with students.
During the teaching activity the characteristics of each institution will be highlighted, as well as the general issues related to their application will be discussed; in particular, some jurisprudential cases will be presented and discussed, among the most relevant in reference to the institutions dealt with during the lessons.
For those who want to clarify and deepen some of the main concepts addressed during the lessons in streaming, some additional materials will be uploaded on Elly, approximately halfway through the course, which must be considered optional and merely explanatory of the contents of the lessons, and , for this reason, they are not part of the material indicated for the preparation of the exam.
Assessment methods and criteria
The final exam consists in a oral test.
During the first semester, in the persistence of the health emergency and depending on its evolution, the exam may take place either in mixed mode (i.e. in the presence, but with the possibility of taking it even remotely for students who do request to the teacher), or only online for everyone (at a distance). Of the chosen modality, between the two indicated, information will be promptly given on the esse3 system in advance of the exam.
During the exam, students will be asked at least two questions aimed at verifying:
- 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 language;
Sufficient will be achieved when the student has shown knowledge, understanding of the institutes and the ability to apply theoretical knowledge to concrete cases.
Students attending during this A.A. will be able to take the exam in two parts: a first partial test relating only to the part of the program relating to trade union law at the end of the middle of the course, roughly in January or February, through an oral interview, whose date and modalities will be communicated during the course of the lessons; and a second test, also through an oral test, relating to the employment relationship (and together with the program of Module II) by the last exam of the summer session (exam in July).
The evaluation will be given by the weighted average of the marks obtained in the two partial. In the evaluation of the partial exam, as well as in the final one, the same criteria for verifying the knowledge acquired above will be followed.
During the exam students can consult the normative texts.
A good knowledge of the civil institutes of reference is required to pass the exam. In particular: unrecognized associations; obbligations; representation; nullity.
In order to facilitate the consolidation of the preliminary knowledge required for understanding the topics covered in class, a telepresence meeting will be organized, following the methods indicated with regard to teaching methods, in the first weeks of the first semester; of this meeting will be announced during the first week of class, both by the teacher and through the usual communication channels with the students (notices / teacher communications).