00224 - Employment Law (M-Q)

Learning outcomes

The course provides students with the regulatory framework of labour law - in the usual partitions of the law of the individual employment relationships and collective labour law - on the basis of its sources (EU, legislative, collective and individual), considering the most relevant and recent issues and problems, with particular attention to the guidelines of the courts and the so called living law.

Course contents

The course aims to provide the tools to understand the legal system of labour law at an  individual and collective level, both in the private and public sector, taking into account the role and influence that EU law has exercised and exercises on domestic law and the gradual formation of the labor law and the changing orientations of the law.

After a historical and critical introduction, which will focus on structural components of labour law (constitutional law, legislation mandatory, collective autonomy, individual contract), the development of sources (especially with regard to the collective agreements and EU sources) and the hierarchy between them, during which they will be brought to light the numerous and significant changes recently enacted by the legislature. The course will then focus on the following parts, dedicating sufficient prominence to the law as part of the treatment of individual institutions.

A) The right of association and collective relations

- Freedom of association and organization of the union. Union representation in the firm and trade union rights.

- Autonomy and the structure of collective bargaining in the public sector and private sector. Content, regulatory effectiveness and efficiency of the collective subjective common law.

- The relationship between the law, collective agreements and individual contracts and relations between collective agreements at different levels

- The collective conflict and the protection of the unions. The right to strike and its limits. The strike in essential public services. The repression of anti-union behavior.

B) The contract of employment and its relationship

- Subordination and autonomy. Distinguishing criteria. Types and subtypes.

- Self-employment. The quasi-subordinate contract of employment (collaborations with and without a "project").

- The contract of employment. Prevalent model and the so called special contracts.

- Other special employment relationships (domestic work - journalistic work - sports work - work in cooperatives, training, etc.)..

- The contracts of employment other than a permanent full-time (part-time work, fixed-term contract, contract job sharing, etc..).

- The figure of the employer and the diversity of disciplines arising from its characteristics (eg., Organizations trend, public administrations and special disciplines in the context of privatized public work, etc..).

- The events concerning the employer (transfer of undertaking) and outsourcing (prohibition of interposition, labor administration, procurement and detachment)

- Constitution of the report and public intervention in the labor market (ordinary and special placement - compulsory recruitment - Government of the labor market - the role of the private placement - youth employment and women's work - vocational training - the provision of fact - the probation) .

- The provision of work (tasks, qualifications, categories - mobility ).

- The obligations of the worker (diligence, obedience and loyalty - working time).

- Powers of the employer (directive, control and disciplinary).

- The obligations of the employer: a) the security obligation.

- B) The remuneration (art. 36 of the Constitution and equal pay - concepts and forms - the pay structure and the structure of collective bargaining - the components of compensation - severance indemnities and pension statements).

- Termination of the relationship. Individual dismissals (ordinary and extraordinary; subjectively and objectively justified - advance notice and compensation in lieu - protection against unfair dismissal) - redundancies - resignation.

- Other events of the report and other cases of government intervention in the labor market (cases of suspension - short-time working and layoffs - early retirement - company transfer and rescue - Unemployment benefits - mobility allowance).

- Guarantees of the rights of workers (inderogability - waivers and transactions - limitation and prescription periods - effectiveness in protecting the credit of work).

For the final exam the student is recommended to consult a labor code and a national collective agreement in force in any sector, including the public reformed.

The student is required to update to the exam date on regulatory changes that occurred, which will, however, stated by the teacher during the course.

The course will be organized with exercises, closed to attending  students, on individual aspects of the program in order to examine and discuss new legislation or case law cases. The exercises will be held by researchers and contributors to the chair of Labour Law. In particular in the second half will also be examined during the course materials jurisprudence, individual and collective contracts, and other documentation, to enable students to better understand the manner in which the written law and the dynamics of the so-called living law.

Before the oral exam, starting from the end of the first semester, may be held in one or more written tests reserved for attending and optional parts of the program, which will be taken into account in the event of a positive outcome.


Supplementary activities:

6 credits for the integrations of the program concerns the labor law of the European Union and can be prepared on the text: M. Roccella, T. Treu Law, Diritto del lavoro dell'unione europea, Cedam, Padua, latest edition;

For additions greater than or less than 6 credits is required to make arrangements with the teacher.

 

For the students of the french-italian curriculum:

for the exam is recommended the latest edition of the text G. Santoro Passarelli, Diritto dei lavori e dell'occupazione, Giappichelli, Torino.

Readings/Bibliography

For the exam it is recommended the latest edition of the texts listed below, provided that other texts may subsequently be reported or even agreed on a proposal of the student and that the issue is recommended for each volume is the last edition. In particular, for attending  students,  study materials may be identified different for the exam.

A) For collective relations:

M. Ballestrero, Diritto sindacale, Giappichelli, Torino

oppure

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

oppure

G. Giugni, Diritto sindacale, Cacucci, Bari.

 

B) For the individual contract of employment:

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

oppure

E. Ghera, A. Garilli, D. Garofalo, Diritto del lavoro, Giappichelli, Torino

oppure

O. Mazzotta, Manuale di Diritto del lavoro, Cedam, Padova (limitatamente alla parte seconda relativa al contratto di lavoro).

 

C) For the so called living law:

 

P. Bellocchi, L. Gaeta, A. Maresca, F. Scarpelli, P. Tullini, C. Zoli, I rapporti di lavoro nel diritto vivente. Casi e materiali, coordinamento di Lorenzo Zoppoli, Giappichelli, Torino, 2013.

Teaching methods

The course is based on oral lectures, during which there will be analysed the most relevant topics in collective and individual labour law, with a special focus on the most recent legislative reforms and trends of the collective bargaining.

Assessment methods

The course will be organized with exercises, reserved for attending  students on single aspects of the program in order to examine and discuss new legislation or case law. At the end of each exercise can be made a written test that will be taken into account in the examination. The exercises will be held by researchers and contributors to the chair of Labour Law.

Before the oral exam, starting from the end of the first semester, may be held in one or more written tests reserved for attending and optional parts of the program.

The assignment of the thesis will be done in consideration of the interest in the subject. The final assignment of the title will be made after the submission and approval of a program of research on a topic agreed between teacher and student.

Office hours

See the website of Carlo Zoli