96113 - DIRITTO DEL LAVORO, NUOVE TECNOLOGIE E SVILUPPO SOSTENIBILE

Learning outcomes

The course will deal, from a labour law perspective, with two of the most important challenges of the contemporary world: the impact of new technologies, in particular digital ones, on business activity and the transformation of economic-productive systems in a sustainable way for the environment, in the perspective of the so-called Green Agenda. The aim of the lessons will be to provide students with the necessary tools to critically grasp the relationship between these two challenges: as regards their synergies (e.g., the promotion of remote work can limit the need for continuous travel, both in the city and between States, with a positive impact on pollution levels) and the inevitable contradictions (the stop to polluting activities poses delicate problems, for social contexts and trade unions, for the risk of job loss: the Ilva case is emblematic).

Course contents

The lectures are divided into two parts.
In the first part, concerning the impact of new technologies on business activity and on work organization, the following topics will be examined:
- how new technologies impact on labor law and its traditional categories;
- the qualification of the employment relationship with platform: between subordination, autonomy, coordinated and continuative collaboration (the so called co. co.co.) and hetero-organized collaborations;
- jurisprudence regarding the qualification of the employment relationship of platform, with attention to the jurisprudential case of riders for home delivery of food;
- the legislative and contractual-collective discipline of the remuneration of platform workers;
- the protection of the dignity and privacy of workers in the digital economy;
- collective bargaining of platform workers, with particular attention to the relationship between collective agreements of self-employed workers and European Union competition law;
- the regulation of the labour market, with particular regard to the intermediation of work through websites.
In the second part of the lectures, concerning the transformation of economic-productive systems and the organization of work in a sustainable way for the environment, the following issues will be dealt with:
- green revolution: climate crisis, transformation of production models and rethinking of work;
- just transition: the green revolution is already underway and with the PNRR it will have a further acceleration, but we must not give up on social justice;
- the role of the EU and the ILO;
- the reconciliation between work and environment in the Constitution;
- the conflict between work and the environment: the ILVA case of Taranto;
- the legislation on the containment of Covid-19 infections in the workplace;
- the role of trade unions and collective bargaining in the ecological transition.

Readings/Bibliography

To prepare the exam, both for attending students and for non-attending students, the study of the following material is required.
For the first part:

  - Lavoro digitale, a cura di P. Tullini e M. Novella, Giappichelli, 2022, only chapters I, II, III, VI, VII e VIII.

For the second part of the lectures:

1. R. Del Punta, Tutela della sicurezza sul lavoro e questione ambientale, in Diritto delle relazioni industriali, 1999, fascicolo 2, pp. 151-160;
2. S. Laforgia,Se Taranto è l’Italia: il caso Ilva, in Lavoro e diritto, 2022, fascicolo 1, pagg. 29-51.
3. V. Brino, Il raccordo tra lavoro e ambiente nello scenario internazionale, in Lavoro e diritto, 2022, fascicolo 1, pagg. 97-113;
4. G. Centamore, Una just transition per il diritto del lavoro, in Lavoro e diritto, 2022, fascicolo 1, pagg. 129-145;
5. S. Buoso, Sicurezza sul lavoro, ambiente e prevenzione: disciplina positiva e dilemmi regolativi, in Lavoro e diritto, 2022, fascicolo 2, pagg. 271-291.
6. P. Tullini, La responsabilità dell’impresa, in Lavoro e diritto, 2022, fascicolo 2, pagg. 357-373.
7. C. Carta, La transizione ecologica nelle relazioni sindacali, in Lavoro e diritto, 2022, fascicolo 2, pagg. 311-332.

All the essays indicated for the second part of the lectures are available online through the Unibo databases which can be consulted by accessing the website: www.sba.unibo.it

 

Teaching methods

The lectures will be held by Professors of the course.

During the course there will be lectures, during which the topics will be systematically exposed according to the above program, and in discussion sessions between Professors and students, with particular reference to case law, to solicit involvement and participation active of all those attending.
Taking into account the setting of the course, in which case law and collective agreements on the subject will be extensively discussed, it should be noted that active participation is particularly important for the purpose of a precise understanding of the legal institutions.

Assessment methods

Lessons will be held during the first semester and the exam can be taken starting from January. Attending students will be given the opportunity to take the exam at the end of the course.
The verification of the expected knowledge takes place during the exam, aimed at evaluating the achievement of the expected training objectives. The exam consists of an interview with the Professors of the course on the topics covered by the program.
The evaluation will take into account the knowledge of the institutional profiles, the ability to analyze the doctrinal and jurisprudential orientations, to make connections between the various parts of the program and to develop critical arguments, as well as the clarity of the exposition.
For the purpose of successful completion of the examination, the evaluation will also take into account:
• knowledge of the issues concerning the qualification of the employment relationship and the rules applicable to workers in the digital economy;
• knowledge of the collective protection profiles of digital workers and the problems of collective bargaining for self-employed workers, in particular in relation to the competition law of the European Union;
• the ability to reconstruct and critically analyze the recent reforms concerning riders and other platform workers;
• knowledge of the jurisprudential guidelines on the subject;
• the capacity of exposition and analysis of the institutes and of the topics dealt with.
The evaluation will be based on the criteria indicated below.
- Lack of knowledge on basic topics, necessary for understanding the subject, and inability to analyze them even with the support of the teacher → insufficient.
- Preparation on basic topics addressed in the course and analytical skills that emerge with the help of the professor, expressed in an overall correct language → 18-19.
- Preparation on a limited number of topics covered in the course and ability to autonomous analysis only on purely executive matters, expression in correct language → 20-24.
- Preparation on a large number of topics covered in the course, ability to make autonomous choices of critical analysis, mastery of specific terminology → 25-29.
- Comprehensive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and connection, full mastery of specific terminology and ability to argue and self-reflection → 30-30L.

Teaching tools

Lessons will be held in the manner provided by the University.
Students with disabilities and with Specific Learning Disorders (SLD) will be able to communicate their needs to teachers so that they can be addressed to the referents and take advantage of the necessary compensatory tools.

Office hours

See the website of Ester Villa

See the website of Giulio Centamore