13518 - Advanced Employment Law

Learning outcomes

The course aims to deepen current profiles of labour law with a casuistic and application approach.

Course contents

The Course will focus on the main theoretical and practical issues of the subject of individual and collective dismissal - both in the private and public sectors. Special attention will be given to the changes due to recent legislative reforms. In particular, the following topics will be investigated:

1. The principle of obligatory justification of dismissal:

a. the sources of EU and international law; 

b. the constitutional frame and the ordinary legislation; 

c. the concept of just cause;

d. the discriminatory dismissal

 e. dismissal in trend organizations

f. the remaining cases of free dismissal;

g. dismissal for disciplinary reasons in the public sector;

h. the balancing between opposing constitutional values within the dismissal for economic reasons; 

i. judicial review of the general clauses on dismissal

2. Forms and procedures of dismissal in the private and public sector.

3. collective redundancies

4. The sanctions for unlawful dismissal:

a. economic sanctions and reinstatement;

b. The new art. 18 of the Workers statute;

c. the legislative decree no. 23/2015;

d. the case law of the Constitutional court;

e. the use of anti discrimination law;

f. the issue of the "non-existence" of the fact in the dismissal for disciplinary reasons;

g. The sanctions in case of unlawful dismissal for economic reasons;

h. The case law of the Corte di cassazione on the principle of "promptness";

5. public sector.

6. Procedural aspects of the appeal against dismissal

 

Notes for Erasmus students: Erasmus students from abroad are expected to prepare the same programme of study.

 

Readings/Bibliography

The students  will prepare the final exam on research material that will be provided during the Course.

The materials will be put on VIRTUALE.

 The suggested text to complement the materials provided in class is as follows:

Luciani V., I licenziamenti individuali nel privato e nel pubblico, Giappichelli 2022.

Carinci, De Luca Tamajo, Tosi, Treu, Diritto del lavoro - Il rapporto di lavoro subordinato, vol 2, Utet, 2022, limitatamente al cap 10 sez B (pagg. 530 - 551).

 

Teaching methods

The lectures will be given by Prof. Mainardi Sandro. All lectures will be given in Italian. The focus will be put both on theoretical issues and case law. Further, she will urge students to actively take part in the lectures.

As the course will especially focus on case law, attending the lectures will be particularly important in order to gain a exhaustive knowledge of the subject matter.

Assessment methods

The lectures will be given in the second semester. As such, the final exams will start in May.

The examination will consist in an oral exam.

The Students that will have attend continually the lessons will have the possibility to do the exam at the end of the lessons.

The outcome of the final exam will mainly depend on:

- being familiar with the main concept within the subject matter of individual and collective dismissal;

- being familiar with the recent reforms on the issue;

- being familiar with the main case law on the issue;

- good communication skills.

Graduation of the final valuation:

- Lack of knowledge on 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.

Teaching tools

The lectures will be in the forms prescribed by the Department.

 

We recommend subscribing to the course mailing list: sandro.mainardi.LavAvanzato_2022-23

In support of the teaching, the platform can be used

- VIRTUALE for materials used during lessons
- TEAMS for distance Learning

• Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the Teacher (and / or his direct collaborator Prof. Davide Casale and/or Ph. D. Monica Navilli) their needs in order to be addressed to the Contact Persons and agree on the adoption of the most appropriate measures.

Office hours

See the website of Sandro Mainardi