TRADE UNION LAW
Learning outcomes of the course unit
The course aims to enable the student to understand and understand the fundamental principles of union organizations and collective bargaining through the investigation of the fundamental and most problematic joints that characterize the evolution of matter. The purpose of the lessons is to provide the student with the ability to use knowledge and understanding the main issues and criticalities related to industrial relations and the collective bargaining process, with particular attention to the latest developments related to the separate bargaining and the bargaining. "Derogatory" second level. In addition, a detailed analysis of the most relevant jurisprudential guidelines in this area will give the student the opportunity, by applying the knowledge and understanding of the topics dealt with, to acquire autonomy of judgment and critical approach in the representation and solution of problems related to contractual dynamics and, The effectiveness of collective bargaining within the individual labor contract regulation.
Prerequisites. You must have passed the Examination of Private Law Institutions, Roman Law Institutions, Constitutional Law and Labor Law in order to qualify for the Examination of Trade Union Law.
Course contents summary
The course aims to present a critical review of some of the key issues that make up the subject of trade union law. A first part of the course, which resumes the basic notions of the union system in force in our country, will follow a second dedicated to the interpretive study of the contractual system and trade union representation in Italy, to illustrate its principles, functioning and practical implications in the dynamics of relations Industrial, not only through the analysis of institutional sources and texts, but also through the analysis of jurisprudential and doctrinal paths. In particular, the topics covered will be the following: Sources of union law. The union as an unrecognized association. Organizational models; Confederations and federations. The territorial organization. Representation. The trade union most representative and comparatively more representative. Support legislation. Trade union rights in the workplace. Article. 19 and the third Title of the Staff Regulations of Workers. The collective agreement of common law. The subjects. Shape. Structure and Negotiation Levels. Collective bargaining in the public sector. The subjective effectiveness. Objective effectiveness. The mandatory nature. Effectiveness over time. Relationships between law and collective agreement. Relationships between collective agreements of different levels.
In addition to the case-law materials taught in the lesson and uploaded to Elly, to be considered as an integral part of the bibliographic material, we refer to the reference text: F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro. 1. Il diritto sindacale, Utet, Torino, 2018, chaps. fourth, fifth, sixth, seventh, ninth, tenth, eleventh.
The course is divided into 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 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.
The text of the judgments quoted and analyzed during the lessons will be uploaded from time to time to the Elly platform. These judgments are considered an integral part of the didactic material.
Assessment methods and criteria
The examination of the achievement of the objectives of the course involves an oral examination.
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.
Questions (in the minimum number of two) about the general topics of the course will be verified if the student has achieved the goal of knowledge and understanding of the content content regulation. Questions about the main features of the collective bargaining system will be verified if the student has achieved the objective of knowing how to apply the knowledge acquired autonomously and critically.