89991 - Labour Law

Learning outcomes

The course aims to provide students with an overview of the legal framework governing the subject, based on the various sources of law (EU law, legislation, collective and individual contracts, and case law), whilst taking into account the aspects and issues that are currently of greatest relevance.

Course contents

Particular attention will be paid to the following topics and legal concepts:
a. forms of work: employment; self-employment; work in a partnership; relationships that ‘do not constitute an employment relationship’;
b. employment;
c. co-ordinated self-employment and externally organised collaborations;
d. the certification of employment relationships;
e. the employment contract: formal requirements; invalidity and de facto performance;
f. the regulation of employment;
g. the so-called ‘contractualisation’ of public sector employment;
h. prohibitions on discrimination;
i. the probationary agreement;
l. fixed-term contracts;
m. professional classification: duties, qualifications, categories;
n.the employee’s obligations;
o. the employer’s powers: managerial and supervisory powers, the ‘jus variandi’, the power to transfer and second employees, and disciplinary powers;
p. regulations governing working hours; types of contract involving a reduction or adjustment of working hours: part-time work, intermittent work, job-sharing;
q. remuneration and severance pay;
r. the employer’s duty of care and the protection of the employee’s person;
s. circumstances leading to the suspension of the employment relationship;
t. the apprenticeship contract.
u. termination of the employment relationship: resignation, individual dismissal, collective redundancy;
v. income support schemes for employees;
z. forms and instruments of ‘outsourcing’:

Readings/Bibliography

With regard to the institutions covered by the course, students are invited to consult, at their discretion, one of the books listed below, in their most recent edition.
As regards the law governing individual employment relationships, we recommend one of the texts listed below, chosen at the student’s discretion:

M.V. Ballestrero, G. De Simone, Diritto del lavoro, Giappichelli;

O. Mazzotta, Diritto del lavoro, Giuffrè;

R. Del Punta, Diritto del lavoro;

F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, II, Il rapporto di lavoro subordinato, Utet.

Teaching methods

The course is based on lectures, including presentations and contributions from interested students.

Assessment methods

Lectures will be held during the first semester: students will therefore be able to sit the exam from January onwards.
The exam will take the form of an oral examination, designed to assess the students’ knowledge, and will consist of a number of questions covering both employment law and trade union law.
For the purposes of passing the exam, the following will also be taken into account:


- an understanding of the main subjective situations typical of the employment relationship (powers, rights and mutual obligations);
- the ability to analyse the different types of contract, including by comparing them with one another;
- more generally, the ability to explain and analyse the legal concepts and topics covered.
It is possible to agree on specific syllabuses and even particular examination procedures, which, for example, may involve the discussion during the oral examination of topics covered – subject to prior agreement – in a written essay submitted by the student.
The final mark will be based, by way of example only, on the following criteria:
barely adequate knowledge of the topics covered, poor critical thinking skills, difficulty in using technical legal language → 18–21;
more than adequate or reasonable knowledge of the topics covered, with critical thinking skills and the use of technical legal language → 22–25;
good or more than good knowledge of the topics covered, with adequate critical thinking skills and a command of technical legal language → 26–28;

A substantially comprehensive understanding of the topics covered, demonstrating a high level of critical thinking and full command of technical legal language → 29-30-30L.
Students may sit the exam only after having passed the exams in Private Law and Constitutional Law.
Students who have already sat the Labour Law exam and need to make up the credits.
Students who have already sat the Labour Law examination, either on the three-year Law degree programmes (GIPA and CLaRA) or at another school or university, for which 9 credits were awarded, and who have subsequently enrolled on the Master’s degree programme, will prepare for the examination using one of the following volumes (the entire volume):
- M. Roccella, T. Treu, Diritto del lavoro dell'Unione europea, Giappichelli, Turin.

- F. Carinci, A. Pizzoferrato, Diritto del lavoro dell'Unione europea, Giappichelli

Alternatively, students may agree with the lecturer on a topic for a short dissertation (30–40 pages), accompanied by supporting materials (table of contents, notes, bibliography), to be submitted 7 days before the defence, which will then take place during the examination.

Teaching tools

Students with disabilities and Specific Learning Difficulties (SLD) may inform the lecturer of their needs so that they can be referred to the relevant contacts and make use of the necessary compensatory measures.
Erasmus students may contact the lecturer to identify appropriate adjustments to the programme in line with the provisions of their learning agreements.

Office hours

See the website of Federico Martelloni