LABOUR LAW - UNIT 1
Learning outcomes of the course unit
This class is aticulated into two didactical modules and aims to illustrate the hole set of rules which regulates Italian labour law, either trade unions law (particularly, unions’ organisation, unions’ representation power and rights, collective bargaining, collective actions and their regulations); and employment contract law (particularly, the notion of employment contract and relationship, labour market, employer’s powers and dismissals). Lessons will deal with every recent amendment of labour law legislation and will provide students with the necessary scientific, jurisprudencial and doctrinal instruments which they need in order to interpreter labour law regulations and provisions.
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.
G. NICOLINI, Lineamenti di diritto sindacale, Cedam, Padova, 2004, pp. 1-240.
G. NICOLINI, Compendio di diritto del lavoro, 2a ed., Cedam, Padova, 2007, pp. 1-554.
F. CARINCI, R. DE LUCA TAMAJO, P. TOSI, T. TREU, Il diritto sindacale, 5° edizione, Utet, Torino, 2006, pp. 39-142, 156-297.
F. CARINCI, R. DE LUCA TAMAJO, P. TOSI, T. TREU, Il rapporto di lavoro subordinato, 6° edizione, Utet, Torino, 2005, pp. 17-75, 102-115, 126-138, 141-359, 362-390, 393-442.
The course is articulated in frontal lectures and seminars, whose calendar will be made known during the lectures of the course.
Final test consists of an oral examination.
Only students who have attended course’s lectures will be allowed to divide the examination in two parts. The first one will refer to Trade union law and will take place at the end of the first part of the course, in February – March. The test will consist of an oral examination, whose date and modality will be communicated during the lectures of the course. The second part, also an oral examination, will concern the employment contract, and will take place within the last session of july.