76574 - Employment Law (FF)

Learning outcomes

The course aims to provide students with tools for in-depth knowledge of the legislation , case law and the autonomy of the individual and collective bargaining produced labor .

The focus , both as regards the right of association and the employment relationship , will be directed to both the public and private sectors, Italian labour law and Community law.

Course contents

The course will cover the following areas:

I - trade union law

• Historical genesis and principles of employment law.
  The work in the Italian Constitution.
• National and international sources.
• Guiding principles and historical development of EU policies.
  Labor relations.
• The employment relationship.
• Trade unions law.
• Workers' representative structures in workplaces.
  The special procedure against employers' anti-union behaviors.
• Collective labour agreements typologies; in particular, the collective agreement "di diritto comune" (regulated by common private law) and in public administrations.
• The evolution of collective bargaining and its structure.
  Collective bargaining and the law.

II - employment relationship

• The organization of employment relationship.
• The right to strike, the lock-out and other industrial actions.
• Administrative organization and government intervention in the labor market.
• The employment. Legal forms of employment.
• Self-employment and quasi dependent workers.
• Flexible contracts.
• The certification of employment contracts.
• The contract of employment and discipline.
• Discrimination.
• The organization of workers: duties, qualifications, categories.
• The obligations of the worker.
• The powers of the employer.
• Employment relationship's suspension and extinction. Dismissal.
• Norms and techniques of guarantee of employee's rights

Foreign exchange programs: the exam taken abroad can be fully or partially recognized.

For full recognition - the teacher must have verified that the program of the course attended at the partner University includes the following institutions:

a) the discipline concerning the collective agreement and the right to strike;

b) the discipline of the employment relationship: the salary, the working hours, the obligations of the worker, the powers of the employer, the protection of the lender, the hypothesis of suspension of the employment relationship, the individual dismissal and collective;

c) the discipline of business transfer.

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

Employment Law - c.d.l. Italo-Francese (7 Cfu)

I - trade union law

Historical genesis and principles of employment law.
The work in the Italian Constitution.

National and international sources.

Guiding principles and historical development of EU policies.
Labor relations.
The employment relationship.
Trade unions law.
Workers' representative structures in workplaces.
The special procedure against employers' anti-union behaviors.
Collective labour agreements typologies; in particular, the collective agreement "di diritto comune" (regulated by common private law) and in public administrations.
The evolution of collective bargaining and its structure.
Collective bargaining and the law.

Readings/Bibliography

For the complete exam (15 cfu)

- F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 1, Il diritto sindacale, Utet, Torino, 2015.

- F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 2, Il rapporto di lavoro subordinato, Utet, Torino, 2019.

- F. Carinci, A Pizzoferrato, Diritto del lavoro dell'Unione Europea, Giappichelli, 2018: only chapter IV.1 and IV.2.

It is also recommended to consult an updated code of the relevant legislation.

The reading of a national collective labor agreement (chosen by the private sector or the public sector), to be carried out during the examination, is part of the examination program, in order to be able to demonstrate the knowledge of how it is made such a document and the ability to consult it.

Collective agreements can also be found on the web, for example on the Cnel or Aran website:

http://www.cnel.it/Contratti-Collettivi

http://www.aranagenzia.it

For additions of 6 cfu

F. Carinci, A Pizzoferrato, Diritto del lavoro dell'Unione Europea, Giappichelli, 2015:

cap. I "La dimensione istituzionale dell’Unione europea"

cap. II Le fonti

cap. III La politica sociale europea

cap. IV Le libertà fondamentali dell’Unione europea

cap. X La sicurezza sociale.

For additions to a number of credits other than 6, please contact the collaborators Davide Casale and Monica Navilli via e-mail (single mail), indicating which courses you have worked with have already been supported with which program and textbook.

Teaching methods

The course will take place through lectures that will touch the different thematic areas referred to under the heading Programs / contents.

Assessment methods

The lessons will be held in the first and second semester.

For students who have to fully accrue the credits relative to the teaching, the exam can be sustained with attendance certificate in the AY. current from the summer session.

The exam will take place through an interview, aimed at verifying the acquisition of knowledge, which is divided into several questions, concerning the above mentioned program (section "Program and contents".).

The evaluation of the test will be carried out taking into consideration:

• knowledge of institutional profiles;

• the ability to analyze the jurisprudential and doctrinal guidelines;

• the ability to make connections between the different parts of the program;

• the ability to develop critical arguments;

• the articulation and accuracy of the exposure.

Intermediate test (partial)

After the first semester, a partial exam can be taken. The partial test will always take place through an interview, aimed at verifying the acquisition of knowledge and skills, and will have as its object the themes of the trade union law.

The intermediate test date will be communicated during the lessons.

The overcoming of the partial, not obligatory and also open to non-attending students, will allow the student to sustain the interview related to the 2nd and last part of the program (The employment relationship), provided this takes place within the ordinary summer session (May-July) .

The evaluation criteria of the tests are those shown above

Prerequisites

Students can take the exam only after passing Private Law and Constitutional Law.

Disability or specific learning disabilities (DSA) - Students who, due to disability-related reasons or specific learning disabilities (DSA) need compensatory or alternative tools, can communicate their needs to the teacher in order to agree on the adoption of the precautions more opportune.

Teaching tools

We strongly recommend subscribing to the telematic distribution list:

sandro.mainardi.DirittodellavoroA-C_Bologna2020-2021

in which you can enter by following the instructions on the following web page: www.dsa.unibo.it.

Through the list can be sent notices about the course, as well as' indicated or transmitted material for any further information.

Those who do not regularly consult their University e-mail box (www.unibo.it/Portale/Il+mio+Portale/La+mia+e-mail.htm), can set the re-direction to another e-mail address (through the appropriate command inside the same box).

Please do not reply to messages from the list, or send any communication (writing to the list means contacting all members). The messages sent by the teacher through the telematic list are not sent back by the computer system to those who subscribe to the same list after they have been sent.

• 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 collaborators Davide Casale and 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