75331 - Comparative Labour Law

Academic Year 2020/2021

  • Teaching Mode: Traditional lectures
  • Campus: Forli
  • Corso: Second cycle degree programme (LM) in Economics and management (cod. 9203)

    Also valid for Second cycle degree programme (LM) in Economics and management (cod. 9203)

Learning outcomes

The course aims to provide students with a general knowledge of the individual employment relationship regulation and of the dynamics of industrial relations, comparing different legal systems and also referring to European Union Law and transnational rules. At the end of the course students will be able to: - understand the main forms of employees protection provided by the different legal system and the supranational regulative frame; - be aware of the principal legal issues related to industrial relations; - deal with employment relationships in an international context.

Course contents

The course will deal with the following topics:

General Introduction. What is labour law?

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

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

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

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

5. The regulation of Unfair Dismissals. Comparative analysis of the regulatory trend concerning dismissals in a selection of European Countries.

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. 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

The final grade will be based:

80% on the result of an oral examination, aimed at verifying the assimilation of the course learning contents.

20% on class presentations and participation.

Teaching tools

PPT presentations, reading material, courts' decisions

Office hours

See the website of Emanuele Menegatti

SDGs

Decent work and economic growth Reduced inequalities

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.