Course objectives relate to learning the fundamentals of labour law with regard to both work-employment relationship both in the private and the public sector. The course also aims at the acquisition of the principles and basic concepts of industrial relations and trade unione law.
teacher profile teaching materials
The first module concerns the general part and trade union law (Introduction to the study of labor law). The boundaries and the meaning of labor law. Historical evolution and current trends. Sources. Constitutional principles. European sources and international aspects of Trade union law. Trade union freedom and Trade Union Organization. Union rights and their protection with particular reference to art. 28 of the Workers’ Statute. The collective agreement: the structure of collective bargaining, the negotiability and effectiveness of the collective agreements at different levels, the relationship between law and collective agreement. The strike and other forms of union struggle; the strike in essential public services.
The second module concerns the employment relationship: the employment contracts (subordinate, autonomous, coordinated). The flexible contractual forms. The forms of indirect acquisition of work. The subordinate employment contract: the subjective and objective requirements. The obligations of the employer: collaboration, diligence, obedience, loyalty. The powers of the employer. The protection of the person, of dignity and freedom of workers. The prohibitions of discrimination. Worker’s rights: pay, holidays, rest, leave, right to health and safety. The content of the work performance: the tasks, the working hours. The end of the employment relationship: individual dismissals. The enterprise crisis and excess staff: earning redundancy fund, solidarity contracts, transfer of the undertaking, collective dismissals. The protection of the employer’s rights; waivers and transactions; limitation. The employment services and the worker’s protection on the labor market.
Programme
The course consists of two teaching modules.The first module concerns the general part and trade union law (Introduction to the study of labor law). The boundaries and the meaning of labor law. Historical evolution and current trends. Sources. Constitutional principles. European sources and international aspects of Trade union law. Trade union freedom and Trade Union Organization. Union rights and their protection with particular reference to art. 28 of the Workers’ Statute. The collective agreement: the structure of collective bargaining, the negotiability and effectiveness of the collective agreements at different levels, the relationship between law and collective agreement. The strike and other forms of union struggle; the strike in essential public services.
The second module concerns the employment relationship: the employment contracts (subordinate, autonomous, coordinated). The flexible contractual forms. The forms of indirect acquisition of work. The subordinate employment contract: the subjective and objective requirements. The obligations of the employer: collaboration, diligence, obedience, loyalty. The powers of the employer. The protection of the person, of dignity and freedom of workers. The prohibitions of discrimination. Worker’s rights: pay, holidays, rest, leave, right to health and safety. The content of the work performance: the tasks, the working hours. The end of the employment relationship: individual dismissals. The enterprise crisis and excess staff: earning redundancy fund, solidarity contracts, transfer of the undertaking, collective dismissals. The protection of the employer’s rights; waivers and transactions; limitation. The employment services and the worker’s protection on the labor market.
Core Documentation
M. Esposito, L. Gaeta, A. Zoppoli, L. Zoppoli, Diritto del lavoro e sindacale, Giappichelli, 2023Type of delivery of the course
Face-to-face lesson.Type of evaluation
The exam consists of an oral test aimed at verifying the knowledge of the labour law basic categories and trade union law, as well as the mastery of technical language and the comprehension of the labour law legal arrangements. Questions may cover the entire content of the texts. We take into account for the purposes of the final evaluation of the candidates of both the general language properties because of the technical mastery of the concepts and legal terms. Intermediate written tests will be administered in the form of multiple choice tests on specific topics of the program.