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 (duties and classification, managerial and disciplinary control powers, recruitment, contractual flexibility and mobility, management, jurisdiction and dispute management); the related trade union rights (trade union representation and representativeness at national level and in the workplace, the bargaining procedure, validity and interpretation of collective agreements). 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; 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, 2021;

- A. Boscati (a cura di), Il lavoro pubblico. Dalla contrattualizzazione al Governo Draghi, Maggioli editore, 2021, limitatamente alle seguenti parti della sezione II:

a) capitolo 4, La contrattazione collettiva nazionale di comparto, di S. Bologna (pp. 103-122);

b) capitolo 5, La contrattazione integrativa, di F. Santini (pp. 125-143);

c) capitolo 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, 2021.

Teaching methods

The lectures will be held by 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 active 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

Lessons will be held during the second semester. 
The verification of the expected knowledge takes place during the exam, aimed at evaluating the achievement of the expected training objectives. The exam consists of an interview with the Professors of the course on the topics covered by the program.Attending students will be given the opportunity to take a written exam at the end of the course.

The evaluation will take into account the knowledge of the institutional profiles, the ability to analyze the doctrinal and jurisprudential orientations, to make connections between the various parts of the program and to develop critical arguments, as well as the clarity of the exposition.

For the purpose of successful completion of the examination, the evaluation will also take into account:
• knowledge of the issues concerning the qualification of the employment relationship and the rules applicable to workers in the digital economy;
• knowledge of the collective protection profiles of digital workers and the problems of collective bargaining for self-employed workers, in particular in relation to the competition law of the European Union;
• the ability to reconstruct and critically analyze the recent reforms concerning riders and other platform workers;
• knowledge of the jurisprudential guidelines on the subject;
• the capacity of exposition and analysis of the institutes and of the topics dealt with.
The evaluation will be based on the criteria indicated below.
- Lack of knowledge on basic topics, necessary for understanding the subject, and inability to analyze them even with the support of the teacher → 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 Ester Villa

See the website of Davide Casale