98759 - Labour Regulation in the Global Economy

Learning outcomes

This integrated course aims to provide students with an advanced and interdisciplinary understanding of the relationship between the global economy, international finance, and labour regulation, highlighting how transnational financial and economic processes affect labour protection, public policy, and market governance. By the end of the course, students will be able to: 1. Critically analyse the impact of global economic dynamics on labour markets and regulatory systems, understanding the challenges that globalization poses to social justice and workers’ rights. 2. Interpret the functioning of international financial markets and capital flows, and assess the constraints these impose on national economic and social policies. 3. Integrate economic, legal, and policy perspectives to understand how international and national institutions contribute to regulating work and finance in a globalised context. 4. Identify and evaluate the main international standards and frameworks governing employment relations and financial systems, recognising the role of key global actors such as the ILO, IMF, and World Bank. 5. Develop interdisciplinary analytical skills linking macroeconomic transformations—such as global shocks, balance of payments imbalances, and financial crises—to their regulatory and social implications for labour.

Course contents

The course is delivered within the framework of the Jean Monnet Chair “ESP – European Social Policy”, funded under the ERASMUS+ programme (ERASMUS-JMO-2023-HEI-TCH-RSCH).

It will deal with the following topics:

1. General Introduction. What is labour law?

2. The role and hierarchy of labour law sources. International and supranational sources of employment regulation. The various layers of employment regulation in national laws.

3. The scope of labour law. The dichotomy employee/independent contractors. 'Dependent' contractors. Work in the 'gig' economy.

4. Social and legal challenges coming from outsourcing and subcontracting. Regulatory approaches to subcontracting and temporary agency work.

5. Law and Economy of wage-setting. Comparing national wage-setting mechanisms.

6. New paradigms of household income support. Evaluating the opportunity to change paradigm for supporting income of working and non-working population.

Readings/Bibliography

Different recommendations apply to attending and non-attending students.

1. Attending students

The following materials are recommended for students attending the lectures only.

They are requested to study the materials (PPT presentations) available on "insegnamenti on-line", which will be explained and integrated in class. While they are not mandatory, the following readings (also available on "insegnamenti on-line"), can facilitate the full comprehension of the topics detail with:

1. The Sources of Labour Law

- A. Bronstein, International and Comparative Labour Law: Current Challenges, International Labour Office, 2009, Chapter 5.

- T. Gyulavári, E. Menegatti, ‘Introduction: Recent Trends in the Hierarchy of Labour Law Sources’, in T. Gyulavári, E. Menegatti (eds), The sources of Labour Law, (Kluwer Law International, 2020) pp 1-13.

- D. Yan, 'Multilayers and Complexity of Chinese Labour Laws Sources', in T. Gyulavári, E. Menegatti (eds), The sources of Labour Law, (Kluwer Law International, 2020) pp. 179 - 189.

- P. Secunda, 'Sources of Labor Law in the United States: Contract Supra Omnis', in T. Gyulavári, E. Menegatti (eds), The sources of Labour Law, (Kluwer Law International, 2020), pp. 389 - 403.

2. The scope of labour law: the dichotomy employee/independent contractors.

- A. Perulli, ‘Subordinate, Autonomous and Economically Dependent Work: A Comparative Analysis of Selected European Countries’, in G. Casale (ed), The Employment Relationship. A Comparative Overview, (Hart Publishing, 2011) pp. 137–187

- M.A. Cherry, A. Aloisi, "’Dependent Contractors’ In the Gig Economy: A Comparative Approach," American University Law Review, 66 (2017) 635.

- E. Menegatti, ‘A Fair Wage for Workers On-Demand via App’, in E. Ales et al. (Eds.), Working in Digital and Smart Organizations: Legal, Economic and Organizational Perspectives on the Digitalization of Labour Relations, Palgrave Macmillan, Cham, 2018, pp. 67-92.

3. Social and legal challenges coming from outsourcing and subcontracting.

- D. Weil, The Fissured Workplace: Why Work Became So Bad For So Many And What Can Be Done To Improve It, (Harvard University Press, 2014), Ch. 1, “The Fissured Workplace and its Consequences”.

- E. Menegatti, ‘Mending the Fissured Workplace: The Solutions Provided for by Italian Law’, Comparative Labor Law & Policy Journal37 (2015), 91.

- Q. Zhong, ‘The Fissured Workplace in Japan: a Legal Anatomy, Comparative Labor Law & Policy Journal 37 (2015), 18.

- J.P Lhernould, ‘Directive 2008/104/EC on Temporary Agency Work’, in E. Ales, M. Bell, O. Deinert, S. Robin-Olivier, International and European Labour Law (Nomos/Hart Publishing, 2018), pp. 894-805.

4. Law and Economy of Wage- Setting

- S. Kampelmann, A. Garnero, F. Rycx, ‘Minimum wages in Europe: does the diversity of systems lead to a diversity of outcomes?’, ETUI Report, 2013, pp. 5-29.

- O. Deinert, ‘Wage-setting in a System of Self-Regulation through Collective Private Autonomy’, Italian Labour Law e-Journal 12 (2019), 1.

- P. Lokiec, ‘Wage-setting in France: a Complex Interaction between Law, Case Law and Collective Bargaining’, Italian Labour Law e-Journal 12(2019), 45.

- E. Menegatti, 'Wage-setting in Italy: The Central Role Played by Case Law', talian Labour Law e-Journal 12 (2019), 53.

2. Non-attending students

For students who cannot attend the classes the suggested bibliography includes:

- M. Finkin, G. Mundlack, Comparative Labor Law, Edward Elgar, 2015 - limited to chapters 1, 2, 4, 5, 12, 13 (not available on "insegnamenti on-line")

- D. Weil, The Fissured Workplace: Why Work Became So Bad For So Many And What Can Be Done To Improve It, (Harvard University Press, 2014), Ch. 1, “The Fissured Workplace and its Consequences”.

- S. Kampelmann, A. Garnero, F. Rycx, ‘Minimum wages in Europe: does the diversity of systems lead to a diversity of outcomes?’, ETUI Report, 2013, pp. 5-29.

Teaching methods

Lectures and class discussions. Students will be asked to participate in class debates and to choose one session in which they will be asked to lead the discussion. By choosing a session, the student agrees to help lead discussion by introducing the topics, giving account of the issues to be considered in the discussion.

The scheduling of class debates will be organized in the first class.

Assessment methods

he final grade will be based on the result of an oral examination, aimed at verifying the assimilation of the course learning contents.

Grading system (0-30 scale):

<18: fail.

18-19: fair.

20-23: more than enough.

24-26: good.

27-30: very good/excellent.

30 cum laude/with honor.

Solid command of legal English is considered a "plus".

Teaching tools

PPT presentations, reading material, courts' decisions

Office hours

See the website of Emanuele Menegatti