13518 - Advanced Employment Law

Learning outcomes

The Course aims to give the student an exhaustive knowledge of the subject matter of individual and collective dismissal – both in the private and public sectors – in the Italian juridical order. The subject is, without a doubt, not only among the most relevant for labour law, but also extremely current. As such, it was interested by two key reforms: law no. 92/2012 (so called riforma Fornero, which modified art. 18 of the Workers statute and introduced a special procedure for dismissal cases) and legislative decree no. 23/2015 (that is part of the so called Jobs act, and introduced special sanctions in case of unlawful dismissal for employees hired after 7.3.2015). The laws of dismissal will be deeply investigated during the course, paying attention both to theoretical and practical issues. Yet special attention will be given to case law, with a view to enhance students’ active participation.

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 concept of just cause;

b. the sources of EU and international law;

c. the constitutional frame and the ordinary legislation;

d. the remaining cases of free dismissal;

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

f. dismissal for disciplinary reasons in the public sector;

g. the scope of judicial review.

2. 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";

i. collective dismissal;

l. public sector.

Readings/Bibliography

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

The materials will be put on IOL (https://iol.unibo.it/). It is necessary to see at the material before the starting of the lessons.

For students not attending continually, the final exam has to be prepared on:

E. Gragnoli (ed.), Estinzione del rapporto di lavoro, in Trattato di diritto del lavoro diretto da F. Carinci e M. Persiani, Cedam, 2017, chapters:

- V. "Il licenziamento, la giusta causa e il giustificato motivo" (pages 288-404);

- VIII. "Le tutele" (pages 726-1142).

Teaching methods

The lectures will be given by Prof. Ester Villa. 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.

Due to the situation linked to covid-19, the lessons will be delivered in the manner described at the following Internet address
https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nel-i-semestre-a-a-2020-2021

Assessment methods

The lectures will be given in the first semester. As such, the final exams will start in January.

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.

The materials for the Students that attend the lessons will be on IOL (https://iol.unibo.it/).

Students with disabilities shall inform the teachers of their specific needs, so as to be properly addressed.

Office hours

See the website of Ester Villa