78016 - FLEXSECURITY NEL DIRITTO DEL LAVORO

Learning outcomes

The lectures aim to teach the student how the notion of "flexicurity" has evolved in the official documents of the European Union before and after the economic and financial crisis and what the relationship between flexibility and security characterizes the regulation of the market and of the employment relationship of the Italian legal system, also following the most recent reforms. A comparison with the solutions adopted by other European countries will not be missing.

Course contents

The lectures aim to provide cognitive tools to understand how the notion of "flexicurity" has evolved in the European Union and how and how much it has influenced the Italian regulation of the market and the employment relationship and also of some other European countries.
The course will be divided into the following parts:

A) The "flexicutiry" in the European Union: in the first part of the course we will focus on the evolution of the notion of "flexicurity" in the documents of the European Union, with the intention of verifying whether and how it has changed in the face of the serious economic and financial crisis experienced by Europe since 2008.
"Flexicurity" is an integrated strategy aimed at simultaneously promoting flexibility and security on the labor market. The expression is characterized by a basic ambiguity that allows a considerable versatility of use in the elaboration of labor policies. Precisely for this reason it is important to understand what level of freedom is left to Member States in choosing the balance to be achieved between flexibility and security and whether the countries that have received aid from the European Union, such as, for example, Greece, Portugal and Spain, have been more conditioned than others in their regulatory choices.

B) The protections in the labor market: one of the possible variations of "flexicurity" is to balance the greater flexibility in the employment relationship with an increase in market security. The subject who remains unemployed should be able to benefit from a well-tended network of protections within the labor market that allows him a rapid transition from one job to another. With the intent to understand if and how much this objective was achieved in our legal system, the second part of the course will be dedicated to income support measures in the event of unemployment, with particular attention to the way in which the legislation on the subject has evolved . The most recent reforms aim, in fact, to standardize and extend the protection for the unemployed. The subject of a specific investigation will be the "personalized service agreement", with the aim of understanding, on the one hand, if the latter really allows for a customization of the relationship between the unemployed and employment centers and, on the other, what nature it has. More specifically, is the "service pact" a contract or a unilateral assumption of commitments by the unemployed person? We will then focus on the link between passive and active labor policies and on the sanctioning mechanisms for the unemployed who do not participate in the initiatives proposed by the employment centers. Attention will then be focused on the evolution of the notion of "fair offer" of work which consists of the job offer that the unemployed cannot refuse, without losing the measure of support for the income received, with the intent of understanding if and how the professionalism of the unemployed person is protected. Finally, attention will be focused on the relocation check and on the interaction that can be created between the public and private sectors. In this regard, it is questionable to question the nature of the "intensive research program for new employment", the relationship with the "personalized service agreement", the methods of remuneration of the subjects that carry out the intensive research activity and the sanctioning measures applicable to unemployed who do not cooperate in the search for employment.

C) Flexibility and protection in the discipline of the employment relationship: in the last part of the course various institutions of the employment relationship will be examined to verify if the discipline is oriented towards greater flexibility or security.
First of all, the evolution of the regulation of some flexible work contracts such as the fixed-term contract, part-time, intermittent work and work administration will be taken into consideration to verify how the related regulation has evolved. Secondly, we will deal with hetero-organized collaborations that represent the instrument with which the protective status of subordinate work has been extended also to collaborations in which the service is organized by the client in space and time. Considered, finally, that the most recent elaborations of "flexicurity" push towards greater functional flexibility, with the aim of favoring the maintenance of employment, we will also dwell on the changes made to the "jus variandi", or the power of the employer work to change the worker's duties. In the last part of the course we will consider the protections applicable to illegitimate dismissals with the aim of highlighting how, starting from 2012 and up to the legislative decree n. 23/2015, there has been a progressive reduction of the protections. An important barrier to this trend was set by the Constitutional Court with sentence n. 198/2019.
Once considered the profiles mentioned above, the objective is to elaborate, through participatory lectures, reasoned conclusions on the choices made by Italy regarding "flexicurity" to verify whether a "balance" between flexibility and security has been achieved or if not there has been rather a pure and simple flexibility of the labor rules.

Readings/Bibliography

Attending students will prepare the exam on the following materials:

- M. Corti, Flessibilità e sicurezza dopo il Jobs Act. La flexicurity italiana nell'ordinamento multilivello, Torino, Giappichelli, 2018, pp. 1-40;

- E. Villa, Attivazione e condizionalità al tempo della crisi: contraddizioni di un modello (almeno formalmente) improntato alla flexicurity, in Arg. Dir. Lav., 2018, 2, pp. 477 - 497;

- A. Sartori, Prime osservazioni sul decreto "Dignità": controriforma del Jobs Act con molte incognite, in Riv. It. Dir. Lav., 2018, I, 652-678;

- M. Brollo, La disciplina delle mansioni dopo il Jobs Act, in Arg. Dir. Lav., 2015, 6, pp. 1156-1185;

- A. Perulli, Le collaborazioni organizzate dal committente, in Fiorillo, Perulli (a cura di), Tipologie contrattuali e disciplina delle mansioni, Torino, Giappichelli, 2015, pp. 279-331;

- C. Cester, I licenziamenti nel Jobs Act, in Working Paper Massimo D'Antona, n. 273/2015, limitatamente ai §§ 1, 3, 4, 5, 6 e 7;

- C. Cester, Il Jobs Act sotto la scure della Corte Costituzionale: tutto da rifare?, in Lav. Giur., 2019, 2, pp. 163-174.

 

For non-attending students the exam will be prepared on the following volume:

- M. Corti, Flessibilità e sicurezza dopo il Jobs Act. La flexicurity italiana nell'ordinamento multilivello, Torino, Giappichelli, 2018.

Teaching methods

The course is mainly structured in lectures. Active participation of students in the lessons is required. To facilitate the debate and the discussion of the various topics covered, from week to week the materials to be read will be indicated.

Attending students will be able to agree with the teacher a theme to be explored and then expose it to the lesson. This report will be subject to evaluation and will be part of the final grade of the course exam.

Assessment methods

The exam consists of an oral test.

In the current situation, the oral exam will take place through a video interview on the Microsoft Teams platform. On each occasion, a virtual classroom will be created for the exam, where students will have the opportunity to take the interview. Students who are registered in the exam will receive a specific communication on the institutional email, indicating the link to connect to on the day of the exam. To take the oral exam It is necessary to have a stable internet connection, a working webcam and microphone, as well as an identity document.

Attending students will be able to agree with the teacher a theme to be explored and then expose it to the lesson. The exhibition will be taken into account for the purposes of the overall final exam grade.

THESIS
The assignment of the thesis will take into consideration the interest in the subject. The definitive awarding of the qualification will take place after the presentation and approval of a research program on a subject agreed between teacher and student.

Teaching tools

The lesson materials will be uploaded to the IOL platform.
Students with disabilities and with specific learning disabilities (DSA) will be able to communicate to the Teacher their needs in order to be able to be addressed to the contacts and take advantage of the necessary compensatory tools.

Office hours

See the website of Ester Villa

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