00224 - Employment Law

Learning outcomes

At the end of the lessons, the student knows the discipline of the subordinate employment relationship as well as different legal forms of employment; he has expertise in the law of the individual employment relationship and trade union law. It is able to guide the choice of suitable contractual types with respect to specific business cases.

Course contents

During the lectures the topics and institutes listed below will be studied:

- historical evolution of the discipline;

- constitutional regulation;

- the system of normative sources in multilevel regulation;


Trade union law:

- the freedom of trade union organization and the legal nature of the trade union;

- forms of worker representation in the company: R.s.a, R.s.u. and trade union rights in the company;

- the repression of anti-union conduct;

- the collective bargaining;

- the types of collective agreement;

- the collective agreement : subjects, structure, subjective and objective effectiveness;

- the evolution of the rules on collective bargaining and the relationships between collective agreements of different levels;

- the relationship between law and collective agreement: the notions of the most representative and comparatively more representative trade union;

- the forms of "autotela" of workers and employers and the discipline of the strike in essential public services;

Law of individual employment relationships:

- forms of work: subordinate work; autonomous; associate; relationships that "do not constitute an employment relationship";

- subordinate work;

- coordinated self-employment and hetero-organized collaborations;

- the subordinate employment contract: formal requirements; invalidity and de facto benefit;

- the discipline of subordinate work:

- - the establishment of the employment relationship;

- - the professional classification: duties, qualifications, categories;

- - the obligations of the provider;

- - the powers of the employer. The power of management, of control, the Jus variandi, the power to transfer and the detachment, the disciplinary power;

- - the regulation of working hours;

- - the types of contracts with reduction or modulation of working hours: part-time work, intermittent work, distributed work;

- - remuneration and severance indemnity;

- - the security obligation of the employer and the protection of the person of the provider;

- - the hypotheses of suspension of the employment relationship;

- - termination of the employment relationship: dismissal and resignation;

- - collective dismissal;

- - the transfer of a company and a company branch;

- - the contract and the administration of work;

- - the guarantee of workers' rights: waivers and settlements.

Readings/Bibliography

Students are invited to consult one of the following manual, in the most updated version:

R. Del Punta, Labor law, Giuffré

or

O. Mazzotta, Labor Law Manual, CEDAM.

Teaching methods

The course is mainly based on frontal lessons.

As part of the course, frontal teaching will be integrated by seminars and in-depth initiatives, also with the participation of interested students, on the basis of materials, especially jurisprudential, agreed with the students and reported by the teacher in class.

Assessment methods

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

For the attending students, it is possibile to agree a wrinting test at the end of the lessons.

Valutation in the exam:

- Lack of knowledge of 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.

 

THESIS

The assignment of the thesis will consider the interest in the subject. The subject and the title will be definitely assigned after the presentation and approval of a research program on a subject agreed between teacher and student.

Teaching tools

Students with disabilities and with specific learning disabilities (DSA) can communicate to the Professor their needs in order to agree upon the necessary compensatory tools.

Erasmus students can contact the Professor in order to identify the appropriate adaptations of the program in accordance to their learning agreements, in the event that the acquisition of a number of CFU is lower than 9.

Office hours

See the website of Ester Villa