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 and the related trade union rights. 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 and 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 lectures focus on the trade union law and the individual employment relationship in the private and in the public sectors.  After a brief historical evolution of the discipline, the focus will be put on the sources of regulation of the discipline (supranational, constitutional, ordinary and regional laws), among which collective bargaining can be included, albeit in an improper sense. In particular, the analysis of the private sector is the basis for understanding the key differences characterizing the public-sector.

The first part of the course will deal with trade union law, with particular attention to the freedom of trade union organization and the legal nature of the trade union, the forms of representation of workers in the company (R.s.a and R.s.u.), trade union rights in the company, the collective contract, with particular attention to subjects, structure, subjective and objective effectiveness. We will also focus on the relationship between law and collective contract, with particular attention to the notions of the most representative and comparatively most representative trade union and the repression of anti-union conduct.

The second part of the course will deal with individual employment relationships, with particular attention to the forms of work (subordinate and autonomous). We will also focus on the distinction between externally organized collaborations and coordinated and continuous collaborations (co.co.co.). The discipline of the subordinate employment relationship will be the subject of attention, in particular the professional classification of workers (duties, qualifications, categories), the obligations of the provider, the powers of the employer (managerial power, including the ius variandi, control and disciplinary), remuneration, and flexible contracts (fixed-term contract, part-time, job on-call). Then, the focus will be put on the the termination of the employment relationship, on resignations and individual dismissals.

Regarding both trade union law and the regulation of the individual employment relationship, the lectures will examine the rules governing both private and public sector, with the aim of highlighting their similarities and differences.

 

Readings/Bibliography

The last edition of these books, only with respect to the parts indicated:

- Carinci, De Luca Tamajo, Tosi, Treu, Diritto del lavoro. 1. Il diritto sindacale, Utet, 2023, limitatamente alle seguenti parti: chapter I (Il diritto sindacale: oggetto e fonti), chapter II (L'evoluzione storica), chapter IV (I sindacati e le organizzazioni imprenditoriali come associazioni non riconosciute), chapter V (La libertà sindacale), chapter VI (Rappresentatività e rappresentanza sindacale nei luoghi di lavoro), chapter VIII (La repressione della condotta antisindacale), chapter IX (La contrattazione collettiva), chapter X (Il contratto collettivo nel lavoro privato), chapter XI (Il contratto collettivo nel pubblico impiego).

- Carinci, De Luca Tamajo, Tosi, Treu, Diritto del lavoro. 2. Il rapporto di lavoro subordinato, Utet, 2022, limitatamente alle seguenti parti: chapter II (Il tipo "lavoro subordinato"), chapter IV (La prestazione di lavoro: mansioni, qualifiche e categorie), chapter V, letter A (Diligenza, obbedienza e fedeltà), chapter VI (I poteri del datore di lavoro), chapter VIII (La retribuzione nel rapporto di lavoro: fonti, nozione, struttura), chapter X, part A, (La cessazione del rapporto di lavoro), chapter XII, part A, B and C (I contratti di lavoro flessibili e a disciplina speciale), chapter XIII (Il lavoro nelle pubbliche amministrazioni).

Teaching methods

The course is mainly based on frontal lessons.

As part of the course, frontal teaching will be integrated by seminars and in-depth initiatives, also with the participation of interested students, on the basis of materials, especially jurisprudential, agreed with the students and reported by Professors in class.

Assessment methods

For students who have attended at least 2/3 of the lessons, there will be a written test, divided into open questions, which will take place at the end of the course. Attendance will be collected during the lessons.

For all other students, the exam consists of an oral test.

Valutation in the exam:

- Lack of knowledge of basic topics, necessary for understanding the subject, and inability to analyze them even with the support of the Professor→ 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.

THESIS

The assignment of the thesis will consider the interest in the subject. The subject and the title will be definitely assigned after the presentation and approval of a research program on a subject agreed between teacher and student.

Teaching tools

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Erasmus students can contact the Professors in order to identify the appropriate adaptations of the program in accordance to their learning agreements, in the event that the acquisition of a number of CFU is lower than 9.

Professors receive each week. See the web site of Ester Villa [https://www.unibo.it/sitoweb/ester.villa2] and of Sebastiano Castellucci [https://www.unibo.it/sitoweb/sebastiano.castellucci]

Office hours

See the website of Ester Villa

See the website of Sebastiano Castellucci