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, 2020.
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. Lavoro autonomo, coordinato, occasionale.
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”: §§ from 5 to 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 set by the course requires a written exam. This test will be carried out on a single date at the end of the cycle of lessons (date that will be agreed with the teacher during the first weeks of lessons), and, in the persistence of the health emergency still in progress, will consist of a written exam conducted in distance (through the Elly platform), through multiple choice questions (4 possible answers, of which only one is correct). The objective of the questions will be to verify the achievement of knowledge and understanding of the discipline of the various labor institutes addressed in class, as well as to find the ability to know how to evaluate their practical application.
The duration and manner of carrying out the written test will be communicated by the teacher during the lessons, and will also be publicized through the usual communication channels with the students (announcements / announcements from the teacher). The written test is graded on a 0-30 scale. Honors are awarded following the teacher's evaluation of the number and nature of the errors found.
The vote obtained will be communicated one week after the test was carried out through the Elly platform. Those who believe they do not accept the grade reported, or decide not to attend the written test, must contact the teacher to carry out an oral test, prepared on the entire above program, to which the above evaluation criteria will be applied.