00224 - Employment Law (D-L)

Academic Year 2021/2022

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

The course provide students with a critical study on the regulation of employment relationship and collective labour law, taking into consideration the plurality of normative sources and their interlacement: European and national law, collective bargaining, statement of the Courts, uses and praxes.

The course focuses on fundamental topics of labour law at the individual and collective level, analyzing the interpretative solutions and the judicial guidelines. A didactic module will focus on new forms of digital employment, crowd working and sharing economy.

Course contents

The course is composed of the following didactic modules:

I module: Subjects, principles, sources.

Workers and trade unions in the Italian Constitution. Fundamental principles: job-protection regulation, collective autonomy, European Union sources. Relationship between sources: in particular, law and collective agreement.

II module: Employment relationship in private sector

Employment relationship in private sector: subordination and self - employment. Different statutory regulations of self - employed work (parasubordinato occasional work). Subordination and powers of the employer (directive, disciplinary, control and vigilance). Employment relationship's extinction. Dismissal. Norms and techiniques of employee's rights guarantee.

III Module: Labour market organization and employment flexibility

Organization and regulation of Italian labour market. Supply and demand on the employment market. Employment Agencies.

Non - standard work and Jobs Act (work and training contract, fixed-term contract, part - time contract, job on call). Certification of employment contracts.

Firm's transformations: Outsourcing, posting of workers, company transfer.

Instruments for enterprise crisis: collectives redundancies, solidarity contracts. Social system protection of unemployment (ammortizzatori sociali).

IV Module: Collective labour law

Freedom of association and organization of unions, collectives interests. Trade union representation and trade union rights. Collective autonomy and collective bargaining's structure.

Topic and subjective effect of collective agreements. Right of strike (in private sector and public services sector). Trade-union protection.

V Module: Work on web

New forms of work through web and digital platforms. From smart working to crowdworking. Individual and collective protections.

Readings/Bibliography

Information: for the final exam, the student has to prepare the arguments of the program above, choosing freely texts between those advised, provided in recent edition.

Remember that the study of the texts concerns topics from the program and from the lessons.

 

For individual labour relationship (Modules 1-3) alternatively:

- M.V. Ballestrero - G. De Simone, Diritto del lavoro, Giappichelli

-  R. Del Punta, Diritto del lavoro, Giuffrè.

- M. Roccella, Manuale di diritto del lavoro, Giappichelli.

 

For collective labour law (Module 4) alternatively:

- M.V. Ballestrero, Diritto sindacale, Torino, Giappichelli.

 

For monographic topic (Module 5):

- M. Novella - P. Tullini (edited by), Lavoro digitale, Giappichelli, Torino, 2022.

Teaching methods

The Course offers additional activities:

 

I. Method "peer to peer": teaching by the students; 

 

II. Le@rning by practice

Methodology, inspired to Legal Clincs model, offers the possibility to integrate theorethical learning and the practice of labour law.

The aim is to simulate a real legal assistance, assigning students the drafting of acts of the trial, including the final decision.

The groups, coordinated by a tutor, interact on the E- learning University platform, simulating arguments of the trial in a dedicated forum. E-learning platform [https://elearning-cds.unibo.it/course/view.php?id=12084]

 

III. Work on web

The teacher adopts an interactive methodology available through the E-learning University platform.

 

Further information for the recording to the Forum will be supplied during the lessons.

 

Students participation in such activities is optional.

 

Integrating activities for CFU

The students who need to integrate credits already gained in labour law teachings, will carry out the following program:

- for integrations until 6 CFU: the program of Module 5 on " Web e lavoro , with relative bibliography.

- for more than 6 CFU: directly agree the program with the teacher.

 

 

 

 

 

Assessment methods

The final exam will be oral on the arguments discussed during the lessons and indicated in the program above.

 

The optional activity carried out from students and through interactive teaching methods will be part of the final exam.

 

In order to sustain the final exam it is necessary for students to have successfully completed Public law and Private law.

 

The course is one-year held and students obtaining the certificate of attendance will be able to take the final exam from the end of the second semester.

No particular prescription for the assignment of the thesis.

Teaching tools

The course makes use of the e-learning platform for the delivery of interactive teaching and integrative activities and to make available any bibliographic additions (v. sub Teaching methods).

 

Office hours

See the website of Patrizia Tullini [https://www.unibo.it/sitoweb/patrizia.tullini/en]

Office hours

See the website of Patrizia Tullini

SDGs

No poverty Gender equality Decent work and economic growth

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