26120 - Public Labour Law

Learning outcomes

The student knows the discipline of workers employed in the public administrations resulting from the so-called “privatization” occurred in the decade 1992-2002. In terms of skills, the student knows the system of sources of matter, the regulation of the main institutions of the employment relationship and the related trade union rights. In terms of skills, the student is able to find and understand the legal sources of the matter and the national framework and sector collective agreements, the judgments published on the subject through the main databases and the doctrinal contributions published in the main journals on the subject. The student is aware of the differentiating features with respect to the regulation of subordinate work in the company, as well as, from an interdisciplinary point of view, possesses the ability to discern the aspects of organization and administrative law with respect to those regulated by privatized public labor law.

Course contents

• The "privatization" of the civil service: historical profiles.
• The sources of discipline.
• Trade union rights.
• Trade union representation.
• Collective bargaining.
• Executive powers and functions.
• The recruitment.
• The constitution of the employment relationship.
• Contractual typologies.
• The employment relationship.
• Transfer of Assets.
• Employee evaluations.
• The emoluments.
• Disciplinary powers of the employer.
• Termination of the employment relationship.
• Jurisdiction.
• Public employment not privatized.
• The employment relationship in public companies.

Readings/Bibliography

For the 9 CFU exam:

- F. Carinci - A. Boscati - S. Mainardi, Diritto del lavoro nelle pubbliche amministrazioni, Utet, Torino, 2024;

- A. Boscati (a cura di), Il lavoro pubblico. Dalla contrattualizzazione al Governo Draghi, Maggioli editore, 2021, only the following chapters: 4, La contrattazione collettiva nazionale di comparto, di S. Bologna (pp. 103-122); 5, La contrattazione integrativa, di F. Santini (pp. 125-143); 6, Diritti, garanzie sindacali e diritto di sciopero, di A. Gabriele (pp. 145-178).

For the 7 CFU exam:

- F. Carinci - A. Boscati - S. Mainardi, Diritto del lavoro nelle pubbliche amministrazioni, Utet, Torino, 2024.

Teaching methods

The lectures will be held by the two 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 materials, case law, to solicit involvement and participation 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

The exam will take place through an interview, aimed at verifying the acquisition of knowledge, which is divided into several questions, concerning the above mentioned program.

The evaluation of the test will be carried out taking into consideration:

• knowledge of institutional profiles;

• the ability to analyze the jurisprudential and doctrinal guidelines;

• the ability to make connections between the different parts of the program;

• the ability to develop critical arguments;

• the articulation and accuracy of the exposure.

Notably:

- Lack of knowledge of basic topics, necessary for understanding the subject, and inability to analyze them even with the support of the Professor→ 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 Sebastiano Castellucci