35808 - Labour Law (Advanced)

Academic Year 2020/2021

Learning outcomes

At the end of the course the student knows the discipline of the employment relationship and of different legal forms of employment; he has expertise in the field of law of the individual relationship of labor and trade union law. He is able to guide the choice of proper contract arrangements with respect to specific business cases.

Course contents

The course will be focused on the following issues.

- Labour and labour market in the Italian Constitution and in EU Tractacts.

- Trade unions and trade unions' rights (trade unions' organization; trade unions' rights in the Constitution and in the workplace).

- Collective bargaining and collective agreements (collective bargaining rules and structure; the agreements, from July 1993 to January 2014, between the trade union confederations, the employers' associations and the government; models, levels and scope of application of collective agreements).

- Collective conflict and anti-trade union behaviour (strike and lock-out; strike in public services; Article 28 of the Statuto dei lavoratori).

- Dependent employment and quasi-salaried work.

- The law of dependent employment contracts. Contract's invalidity; discriminations prohibitions; the job performance: offices qualifications and categories; worker's duties of diligence, obedience and fidelity; employer's powers; place and working time; employer's duty of remuneration; worker's protection; cases of suspension and lay - off; unfair dismissal and collective redundancies; guarantee of worker's rights .

- Undertaking's changes and labour law: transfer of undertakings, groups of undertakings, protection against employer's insolvency.

Readings/Bibliography

O. Mazzotta, Manuale di Diritto del lavoro, CEDAM, 2020;

R. Del Punta, Diritto del lavoro, Giuffré, 2019.

Carinci F., De Luca Tamajo R., Tosi P., Treu T., Diritto del lavoro. Vo. 1. Il diritto sindacale; Vol. II Il rapporto di lavoro, Utet, 2018.

Teaching methods

The Professor will lead the course, but students' intervention or working papers will be appreciated.

Assessment methods

At the end of the course there will be an oral or written exam.

It is also possible to arrange a personalised programme with the teacher, in order to focus the examination on a specific working paper realised by the student.

Office hours

See the website of Federico Martelloni

See the website of Davide Casale