Labour Law
A.Y. 2024/2025
Learning objectives
- Knowledge and understanding. The student must demonstrate to have acquired a basic knowledge of the main legal institutes of Trade Union Rights and Labour Law.
- Practical capabilities. The student must demonstrate to have acquired the capability to apply the concepts in practical contexts and to specific cases referred to Trade Union Rights and Labour Law.
- Making judgments. The student must demonstrate to be able to assume positions argued and legally sustainable with reference to the topics of the course.
- Communication skills. The student must demonstrate his ability in expressing the knowledge gained with consistency in arguments, systematic precision and appropriate language.
- Learning capabilities. The student must demonstrate to be able to reconstruct the historical patterns and evolution of Labour Law, applying the respondent regulatory framework.
- Practical capabilities. The student must demonstrate to have acquired the capability to apply the concepts in practical contexts and to specific cases referred to Trade Union Rights and Labour Law.
- Making judgments. The student must demonstrate to be able to assume positions argued and legally sustainable with reference to the topics of the course.
- Communication skills. The student must demonstrate his ability in expressing the knowledge gained with consistency in arguments, systematic precision and appropriate language.
- Learning capabilities. The student must demonstrate to be able to reconstruct the historical patterns and evolution of Labour Law, applying the respondent regulatory framework.
Expected learning outcomes
The student, in order to obtain a positive judgment during the exam, must be able to demonstrate the knowledge of essential elements of Trade Unions Rights and Labour Law, highlighting also their hallmarks in respect to Civil Law. On the base of this expertise, students are required to express motivated opinions in relation to the application of general principles to practical cases.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Surname A-L
Responsible
Lesson period
First semester
Course syllabus
A) Trade union law: Trade union freedom pursuant to Article 39(1) of the Constitution. - Trade union freedom in Title II, L. 300/1970 - Trade union representation and representativeness - Company trade union representations and unitary trade union representations - The repression of anti-union conduct - Collective bargaining - The legal profiles of the collective agreement under common law - Collective bargaining in the public service - Strikes and lock-outs - Strikes in essential public services.
B) Labour market law: The evolution of the encounter between labour supply and demand. Ordinary job placement and targeted job placement. The active labour policy. The organisation of the national employment services system. The contribution of private subjects to the employment services system.
C) The contract and the employment relationship: The evolution of the discipline of the subordinate employment relationship; the peremptory and non-derogable nature of the discipline of subordinate employment - The jurisprudential orientations regarding the qualification of the employment relationship - The hetero-organised collaborations and the so-called "parasubordinate" autonomous work. "The constitution of the employment relationship - The employee's obligation of diligence - The discipline of duties - The limits to the employer's powers and the prohibition of discrimination - The disciplinary power of the employer and the obligation of loyalty - Remuneration and severance pay - The causes of suspension of the employment relationship: illness, accident, maternity, leave and holidays - Accessory work and occasional services - Traineeships - The termination of the employment contract: Resignation and consensual termination, individual dismissal - Workers' protections against unjustified dismissal - Collective dismissals - Non-standard forms of employment and, in particular, the fixed-term employment contract - Apprenticeships - Short-time and/or flexible work contracts and, in particular, part-time work - Labour administration, secondment and contracting - The transfer of business. - Waivers and settlements. Guarantees of salary claims.
B) Labour market law: The evolution of the encounter between labour supply and demand. Ordinary job placement and targeted job placement. The active labour policy. The organisation of the national employment services system. The contribution of private subjects to the employment services system.
C) The contract and the employment relationship: The evolution of the discipline of the subordinate employment relationship; the peremptory and non-derogable nature of the discipline of subordinate employment - The jurisprudential orientations regarding the qualification of the employment relationship - The hetero-organised collaborations and the so-called "parasubordinate" autonomous work. "The constitution of the employment relationship - The employee's obligation of diligence - The discipline of duties - The limits to the employer's powers and the prohibition of discrimination - The disciplinary power of the employer and the obligation of loyalty - Remuneration and severance pay - The causes of suspension of the employment relationship: illness, accident, maternity, leave and holidays - Accessory work and occasional services - Traineeships - The termination of the employment contract: Resignation and consensual termination, individual dismissal - Workers' protections against unjustified dismissal - Collective dismissals - Non-standard forms of employment and, in particular, the fixed-term employment contract - Apprenticeships - Short-time and/or flexible work contracts and, in particular, part-time work - Labour administration, secondment and contracting - The transfer of business. - Waivers and settlements. Guarantees of salary claims.
Prerequisites for admission
No prior knowledge is required, except as indicated in the teaching regulations of the Bachelor's degree course for the purposes of preparation with other teachings.
Teaching methods
Lectures will also be accompanied by the analysis of practical cases and meetings with labour market operators (labour consultants, lawyers, trade unionists, company managers, employment agencies).
Teaching Resources
M. Squeglia - A. Tursi - P.A. Varesi, Istituzioni di diritto del lavoro, 9th edition, Wolters Kluwer Italia, Milan/Padova, 2023.
The topics to be excluded from the textbook concern:
- Part II from p. 91 to p. 103; p. 167 to p. 196; p. 221 to p. 247;
- Part IV from p. 515 to p. 569.
The study of the textbook must be accompanied by a rigorous direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws referred to in the lectures and the textbook. To this end, an up-to-date collection of the main documentary sources of labour law should be used in the study. There are numerous labour law codes on the market, among them see M.T. Carinci (ed.), Labour Code, Giuffrè, Milan, latest edition available.
Supporting material (power point slides and documentation) will also be published on the ARIEL platform dedicated to teaching.
The topics to be excluded from the textbook concern:
- Part II from p. 91 to p. 103; p. 167 to p. 196; p. 221 to p. 247;
- Part IV from p. 515 to p. 569.
The study of the textbook must be accompanied by a rigorous direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws referred to in the lectures and the textbook. To this end, an up-to-date collection of the main documentary sources of labour law should be used in the study. There are numerous labour law codes on the market, among them see M.T. Carinci (ed.), Labour Code, Giuffrè, Milan, latest edition available.
Supporting material (power point slides and documentation) will also be published on the ARIEL platform dedicated to teaching.
Assessment methods and Criteria
The examination will take place orally. The criteria for the assessment of the oral examination will take into account the correctness of the content, clarity of argumentation and the ability to critically analyse and revise.
Attending students may take intermediate written tests in accordance with the procedures that will be indicated in class and published on the course's Ariel page.
These intermediate tests, the assessment of which will contribute to the final grade expressed in thirtieths, will focus on the specific topics of the programme covered in class and will take the form of closed-ended questionnaires.
Attending students may take intermediate written tests in accordance with the procedures that will be indicated in class and published on the course's Ariel page.
These intermediate tests, the assessment of which will contribute to the final grade expressed in thirtieths, will focus on the specific topics of the programme covered in class and will take the form of closed-ended questionnaires.
IUS/07 - LABOUR LAW - University credits: 9
Lessons: 63 hours
Professor:
Squeglia Michele
Shifts:
Turno
Professor:
Squeglia MicheleSurname M-Z
Responsible
Lesson period
First semester
IUS/07 - LABOUR LAW - University credits: 9
Lessons: 63 hours
Professor:
Timellini Caterina
Shifts:
Turno
Professor:
Timellini CaterinaProfessor(s)
Reception:
Monday from 13:00 to 14:30, by appointment to be agreed by e-mail
Milano, Via Festa del Perdono 7, Sezione di Diritto del Lavoro - Dipartimento di Diritto privato e Storia del diritto