75331 - COMPARATIVE LABOUR LAW

Conoscenze e abilità da conseguire

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.

Contenuti

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.

6. Covid-19 and labour law. Speculation on the possibile long-term implications of the pandemic on labour regulation and social security.

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Alongside the course, the students will have the possibility to participate to Introductory course on European Union Law (8 hours). The Course will provide a basic knowledge on the sources of EU Law, the four freedoms enshrined in the Treaties and the role of the European institutions.

The participation is not mandatory but highly recommended. At the end of this supplementary course students will have to take a written test providing a score between 0 to 2 points, which will be added to the final grade of the exam in Comparative Labour Law.

The lectures are scheduled on:

• 16/05/2022: 15-17
• 19/05/2022: 15-19
• 20/05/2022: 17-19 (final test)

Testi/Bibliografia

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. While they are not mandatory, 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.

 

Metodi didattici

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.  

Modalità di verifica e valutazione dell'apprendimento

The final grade will be based on the result of an oral examination, aimed at verifying the assimilation of the course learning contents.

The mark of the supplementary introductory course to EU law (0-2 points) will be added to the mark scored in the final oral examination.   

 

Strumenti a supporto della didattica

PPT presentations, reading material, courts' decisions

Orario di ricevimento

Consulta il sito web di Emanuele Menegatti