89991 - DIRITTO DEL LAVORO

Learning outcomes

The course aims to provide the student with the regulatory framework of the subject on the basis of the articulation of its sources (community, legislative, collective and individual contractual as well as jurisprudential) and considering the aspects and problems that are currently in greater importance.

Course contents

The course will be focused on the following issues.

- Labour and labour market in the Italian Constitution, International Law and in EU Treaties.

 

- Dependent employment and quasi-salaried work.

- The law of dependent employment contracts. Labour law in public administrations; contract's invalidity; discriminations prohibitions; the job performance: offices qualifications and categories; worker's duties of diligence, obedience and fidelity; employer's powers; place and working time; employer's duty of remuneration; worker's protection; cases of suspension and lay - off; unfair dismissal and collective redundancies; guarantee of worker's rights .

- Undertaking's changes and labour law: transfer of undertakings, groups of undertakings, protection against employer's insolvency.

Readings/Bibliography

The students will prepare the examination,

- for the law of the employment relationship, on one of the handbooks here recommended, with a free choice (latest ed.):

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.

 

- for the EU labour law:

on one of the handbooks here reccomended, with a free choice (latest ed.):

M. Roccella, T. Treu, Diritto del lavoro dell'Unione europea, Cedam, chapters 1, 2, 3, 4 and other two chapters, with a free choice between 5, 7, 8, 9, 10;

F. Carinci, A. Pizzoferrato, Diritto del lavoro dell'Unione europea, Giappichelli, chapters 1, 2, 3, 4, and other two chapters, with a free choice between 5, 6, 7, 8.

The students have to consult a national collective agreement too: it is possible to find collective agreements in:

http://www.cnel.it/archivio/contratti-lavoro/BDCL.asp

http://www.aranagenzia.it/

Reductions of the program are granted to students attending the lessons.

Teaching methods

The Professor will lead the course, but students' intervention or working papers will be appreciated.

The teachings of the first semester will be provided as described at the following Internet address: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021 ).

Assessment methods

At the end of the course there will be an oral examination, not before the month of June. It is also possible to arrange a personalised programme with the teacher, in order to focus the examination on a specific working paper realised by the student.

The outcome of the final exam will mainly depend on:

- being familiar with the main concept within the subject matter of the industrial relations law;

- being familiar with the main situations of power, rights and obligations of the employment relationship;

- being familiar with the main atypical employment relationships;

- good communication skills.

It's possible to attend the examination only for the students that have passed Diritto privato and Diritto costituzionale examinations.

The valuation of the exam will be inspired, by way of example, at the following criteria:

scarcely sufficient preparation on the topics of the exam, poor critical ability and difficulty in using the technical-legal language → 18-21;

more than sufficient or discreet preparation on the topics of the exam with critical skills and use of technical-legal language → 22-25;

good or more than good preparation on the topics of the exam with adequate critical skills and ability in the use of the technical-legal language → 26-28;

substantially exhaustive preparation on the topics of the exam with high critical ability and full capacity in the use of the technical-legal language → 29-30-30L".

Teaching tools

Students with disabilities shall inform the teachers of their specific needs, so as to be properly addressed.

Erasmus students might agree upon special arrangement to facilitate their work with the teachers.

Office hours

See the website of Federico Martelloni