35808 - Labour Law (Advanced)

Learning outcomes

The aim of the course is to analysedependent employment contracts and industrial relations in Italian labour law.

Course contents

The following topics will be covered (but excluding public employment):

- Historical evolution of the discipline.

- Constitutional rules.

- The system of regulatory sources in multilevel regulation.

Trade union law:

- Trade union freedom.

- The forms of workers' representation in the company: R.s.a, R.s.u. and trade union rights in the workplace.

- Repression of anti-union conduct.

- Collective contracts and collective bargaining.

- Collective agreements: subjects, structure, subjective and objective effectiveness.

- The evolution of the rules on collective bargaining and the relations between collective agreements of different levels.

- The collective conflict.

Law of individual labour relations:

- Subordinate work, coordinated self-employment and hetero-organised collaborations.

- The subordinate employment contract: the constitution of the relationship; formal requirements; invalidity and de facto performance.

- The obligations of the employee: diligence, obedience, loyalty.

- The employer's powers: directive power (including posting and transfer of the worker), power of control, disciplinary power.

- Professional classification: duties, qualifications, categories; jus variandi.

- Regulation of working time.

- Types of contracts with reduction or modulation of working time: part-time work, intermittent work, job sharing.

- Remuneration (including severance pay).

- Safety at work.

- Suspension of work due to the worker's illness.

- Termination of the employment relationship: dismissal and resignation.

- Indirect use of work: supply, contracting, secondment.

- Transfer of undertaking.

- Guarantees of workers' rights: waivers and settlements; extinction of rights due to time expiration.

Readings/Bibliography

Students can choose one of the following:

O. Mazzotta, Manuale di Diritto del lavoro, CEDAM, 2021;

R. Del Punta, Diritto del lavoro, Giuffré, 2021.

Carinci F., De Luca Tamajo R., Tosi P., Treu T., Diritto del lavoro. Utet: Vol. 1. Il diritto sindacale, 2018; Vol. 2. Il rapporto di lavoro, 2022.

Teaching methods

Lectures, in Italian language.

Assessment methods

The final exam consists of an oral interview.

The valuation of the exam will be inspired, by way of example, at the following criteria:

scarcely sufficient preparation on the topics of the exam, poor critical ability and difficulty in using the technical-legal language → 18-21;

more than sufficient or discreet preparation on the topics of the exam with critical skills and use of technical-legal language → 22-25;

good or more than good preparation on the topics of the exam with adequate critical skills and ability in the use of the technical-legal language → 26-28;

substantially exhaustive preparation on the topics of the exam with high critical ability and full capacity in the use of the technical-legal language → 29-30-30L".

Office hours

See the website of Federico Martelloni

See the website of Davide Casale