02590 - Trade Union Law

Learning outcomes

The course aims to provide students with an overview of the historical development of the subject, starting with the distinctive combination of constitutional provisions and collective bargaining (the so-called ‘inter-trade union legal framework’), and to examine in depth the powers of trade unions both inside and outside the workplace, whilst also considering the practical challenges and key issues that arise in the field of industrial relations.

Course contents

As part of the course, the topics and legal institutions listed below will be examined in depth (though the civil service will be excluded):
- The historical development of the discipline.
- Constitutional regulation.
- The system of legal sources in multi-level regulation.
Trade union law.
- Freedom of association.
- Forms of worker representation within companies: the R.s.a., the R.s.u. and trade union rights in the workplace.
- The prohibition of anti-trade union conduct.
- Collective agreements and collective bargaining.
- The collective agreement, between constitutional law and ordinary law: parties, structure, subjective and objective effect.
- The evolution of the rules on collective bargaining and the relationship between collective agreements at different levels.
- Collective industrial action.

Readings/Bibliography

With regard specifically to the legal institutions listed above, students are encouraged to study the most recent edition of a textbook of their choice. The following are recommended, amongst others:

M.V. Ballestrero, Il diritto sindacale, Giappichelli;

Carinci F., De Luca Tamajo R., Tosi P., Treu T., Diritto sindacale, Utet: Vol. 1. Il diritto sindacale.

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

All students are also required to obtain a collective labour agreement – chosen from among those currently in force in the public sector – in order to read through it and understand its contents, how it can be consulted, and so on.


Collective agreements can also be found online, for example on the CNEL or ARAN websites:


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


http://www.aranagenzia.it/

Teaching methods

The course is generally delivered through lectures, whilst allowing students the opportunity to ask questions and contribute ideas. Further forms of participation in the course may also be arranged, for example through seminars and student presentations, in accordance with arrangements agreed between the lecturer and the students.
Degree theses are assigned and supervised by the course coordinator, whom students may contact for any preliminary information.

Assessment methods

The lectures are held during the winter term; therefore, students who have this module in their timetable for the current academic year will be able to sit the exam from May onwards.
The assessment will take the form of an oral examination. The examination will focus on topics relevant to those indicated in the ‘Syllabus and Content’ section.
The assessment of the examination will take into account: knowledge of institutional frameworks; the ability to analyse case law and doctrinal approaches; the ability to make connections between different parts of the syllabus; the ability to develop critical arguments; the structure of the presentation; and the accuracy of the presentation. General assessment grid (for guidance only): preparation covering a very limited number of topics covered in the course and an analytical ability that emerges only with the lecturer’s assistance; expression in generally correct language: 18–19; preparation covering a limited number of topics covered in the course and the ability to analyse independently only purely procedural issues; expression in correct language: 20–24; knowledge of a wide range of topics covered in the course, ability to make independent critical analyses, mastery of specific terminology: 25–29; A substantially comprehensive understanding of the topics covered in the course, the ability to make independent choices regarding critical analysis and the establishment of connections, full mastery of the specific terminology, and the ability to argue a case and engage in self-reflection: 30-30L.


Registration for the final examination must be completed via the Almaesami application

Teaching tools

Students who, due to a disability or specific learning difficulties (SLD), require compensatory measures may inform the lecturer of their needs so that the most appropriate arrangements can be agreed upon.


For queries relevant to all students, it is preferable to raise them during class time so that the lecturer’s response reaches everyone present, although students may also contact the lecturer via the communication channels provided by the University. The lecturer’s email address is listed on the relevant web page.

Office hours

See the website of Federico Martelloni