Gestione dei contratti individuali e collettivi di lavoro

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/07
Language
Italian
Learning objectives
- Knowledge and understanding. The student must demonstrate to have acquired a in-depth knowledge of the legal institutes of Trade Union Rights and Labour Law treated in class.
- Practical capabilities. The student must demonstrate to have acquired the capability to apply the concepts in practical contexts and to specific cases referred to management of individual and collective work contracts.
- Making judgments. The student must demonstrate to be able to assume argued and legally sustainable positions 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 and Trade Union Rights, 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 in-depth knowledge of the labor law and trade union law institutions treated in class, with reference to both legislative and contractual and application profiles. Starting from this knowledge, students are asked to express motivated opinions with respect to the solution of practical and concrete cases addressed in class.
Course syllabus and organization

Unique edition

Responsible
Lesson period
Second semester
Syllabus
The legislative regulation of duties pursuant to art. 2103 c.c. - Duties, levels of contractual status and legal categories - Classification in the national collective bargaining agreement and in company bargaining - Identification of the correct classification of the worker at the time of hiring (practical case) - The discipline of the change of duties in the course of the employment relationship - Practical case concerning the change of duties of a worker during the employment relationship - The power of transfer of the worker in the law and in collective bargaining - Practical case concerning the transfer of a worker during the employment relationship - The evolution of the regulation of the fixed-term contract - The current regulation of the fixed-term contract - Limits and penalties in the use of the fixed-term contract - The economic and regulatory treatment due to the temporary worker - The stipulation of a fixed-term contract with a worker (practical case) - The role of collective bargaining (national and corporate) in the regulation of the fixed-term contract - Practical case concerning compliance with the limits set by collective bargaining in the use of the fixed-term contract - The disciplinary power of the employer in the art . 2106 c.c. - The power of control of the employer and the limits provided by Title I of the Workers' Statute - Use of IT tools and limits set by the employer's power of control (practical case) - The disciplinary procedure referred to in art. 7, l. n. 300/1970 - Disciplinary code and collective bargaining - Practical case related to a disciplinary procedure with conservative sanction - The disciplinary hypotheses that can lead to dismissal - Practical case of disciplinary dismissal - The union representatives in the company pursuant to art. 19, l. n. 300/1970 - The modality of constitution of r.s.a. and r.s.u. - Practical case concerning the establishment of an r.s.u. in a production unit with more than 15 employees - The trade union rights of r.s.a. and r.s.u. - The contractual powers of r.s.a. and r.s.u. (legislative postponements and postponements by the ccnl) - The effectiveness of the collective agreement stipulated by r.s.a./r.s.u. - Practical case of corporate collective bargaining.
Prerequisites, exams and assessment
Private Law I and II, Constitutional Law, Source and Institutions of Labour Law.
Teaching methods
Frontal classes will be supported by the analysis of practical cases realized with an active involvement of students and by meetings with professionals operating in the labour market (labour consultants, trade union officers, managers).
Teaching resources and bibliography
The exam is oral and based on bibliographic material and documentation (individual employment contracts and national and corporate collective agreements) which will be published on the Ariel page of the course.
Students are expected to combine the study of the materials suggested for the exam with the direct consultation of legal sources of trade union rights and labor law. Among the several labor codes available in the market, is recommended: M.T. Carinci (eds), Labour Code, Milan, Giuffrè, latest edition.
Exam
The examination will consist in an oral interview, and the final mark will be expressed in thirtieths, with attribution of "laude" in case of performances of exceptional quality. The evaluation criteria of the oral interview will be the precision of contents expressed, the clarity in argumentations and the student's ability in technical analysis and in re-elaboration of the notions acquired.
Attending students will have the opportunity to accede to intermediate tests under the modalities indicated during lessons and published on the Ariel web page of the course. These verifications will concern the topics treated during the lessons and will be articulated in the form of oral tests or questionnaires characterized by open questions relating to the solution of practical cases.
IUS/07 - LABOUR LAW - University credits: 9
Lessons: 63 hours
Professor(s)
Reception:
Monday 12,30. It is always possible to arrange further appointments by sending an e-mail to lucio.imberti@unimi.it