00224 - Employment Law

Learning outcomes

At the end of the lessons, the student knows the regulatory framework of the subject - in the usual partition in employment relationship and collective labour law – on the basis of the articulation of its sources (domestic and European Union law, collective agreements, and individual contract, as well as case law) and the aspects and issues that are currently most relevant. The student is also able to guide the choice of suitable contractual types with respect to specific business cases.

Course contents

The lectures focus on the trade union law and the individual employment relationship. After a brief historical evolution of the discipline, the focus will be put on the sources of regulation of the discipline (supranational, constitutional, ordinary and regional laws), among which collective bargaining can be included, albeit in an improper sense.


The first part of the course will deal with trade union law, with particular attention to the freedom of trade union organization and the legal nature of the trade union, the forms of representation of workers in the company (R.s.a and R.s.u.), trade union rights in the company, the collective contract, with particular attention to subjects, structure, subjective and objective effectiveness. We will also focus on the relationship between law and collective contract, with particular attention to the notions of the most representative and comparatively most representative trade union and the repression of anti-union conduct. Finally, the forms of self-employment of providers and employers and the discipline of strikes in essential public services will be discussed.

The second part of the course will deal with individual employment relationships, with particular attention to the forms of work (subordinate, autonomous, associated work and relationships that "do not constitute an employment relationship"). We will also focus on the distinction between externally organized collaborations and coordinated and continuous collaborations (co.co.co.). The discipline of the subordinate employment relationship will be the subject of attention, in particular the professional classification of workers (duties, qualifications, categories), the obligations of the provider, the powers of the employer (managerial power, including the ius variandi, control and disciplinary), remuneration, the employer's safety obligation, the discipline of working hours and flexible contracts (fixed-term contract, part-time, job on-call). Then, the focus will be put on the outsourcing processes and, therefore, on the institution of the transfer of undertaking. In the final part of the lectures, we will focus on the termination of the employment relationship, on resignations and dismissals (individual and collective).

Readings/Bibliography

The last edition of one of these books:

R. Del Punta, Diritto del lavoro, Giuffré

or

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

Teaching methods

The course is mainly based on frontal lessons.

As part of the course, frontal teaching will be integrated by seminars and in-depth initiatives, also with the participation of interested students, on the basis of materials, especially jurisprudential, agreed with the students and reported by the teacher in class.

Assessment methods

For students who have attended at least 2/3 of the lessons, there will be a written test, divided into open questions, which will take place at the end of the course. Attendance will be collected during the lessons.

For all other students, the exam consists of an oral test. 

Valutation in the exam:

- 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.

THESIS

The assignment of the thesis will consider the interest in the subject. The subject and the title will be definitely assigned after the presentation and approval of a research program on a subject agreed between teacher and student.

Teaching tools

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Erasmus students can contact the Professor in order to identify the appropriate adaptations of the program in accordance to their learning agreements, in the event that the acquisition of a number of CFU is lower than 9.

Office hours

See the website of Ester Villa