Labour law

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 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.
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.
Course syllabus and organization

Unique edition

Responsible
Lesson period
First semester
Syllabus
The legal sources of Labour Law - The freedom of association regulated by Article 39, paragraph 1, of the Constitution - The freedom of association in the light of Title II of Law No. 300 of 1970 - Trade unions representativeness and representation - Company trade union representative bodies and unitary trade unions representative bodies - The instruments to contrast anti-trade unionist conducts - Collective bargaining - The juridical elements of collective agreements regulated by Civil Law - Collective agreements in the Civil service - Right to strike and freedom of lockout - The discipline of right to strike in essential publics services - The evolution of the legal framework of wage labour - The discipline of wage labour as a mandatory regulation - Main case law in relation to the qualification of the labour relationship - Hetero-organized work and coordinated and continuous collaboration agreements - The establishment of a labour relationship - The employees' duty of care - The regulation of professional levels - The limits to the employer's powers and the ban on discrimination - The employer's disciplinary power and the duty of loyalty - Salaries and severance packages - Health and safety on working places - The circumstances in which the labour relationship can be suspended - Ancillary and contingent work - The discipline of internships - The termination of the labour agreements: resignations, terminations for mutual consent and layoffs - The workers' legal protections against unjustified layoffs - The discipline of collective dismissals - Non-standard work and, in particular, working relationships with term - The discipline of apprenticeship agreements - The employment relationships with reduced or flexible working time and, in particular, part-time work - The regulation of temporary work, secondment and procurement of work - The regulation of working relationships in case of transfer of the undertaking.
Prerequisites, exams and assessment
Private Law I and II, Constitutional 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, lawyers, judges, trade union officers, managers). With the cooperation of Cosp (Centre for the orientation in studies and professions) offices of the University, the possibility to participate to internships will be proposed, with an explanation of the respective discipline.
Teaching resources and bibliography
The proposed manual is A. Tursi-P.A. Varesi, Istituzioni di diritto del lavoro (rapporti di lavoro e relazioni sindacali nel settore privato), latest edition.
The study of the reference book must be combined with a meticulous direct learning of the provisions of the Constitution, of the Civil Code and of special laws analysed during lessons and in the manual. To this aim, students are required to utilize an updated collection of the main documentary sources of Labour Law. It's possible to find several collections of law and regulations concerning Labour Law, i.e. M.T. Carinci (eds), Labour Code, Giuffrè, Milan, 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 verifications 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 based on tests made up of both open and multiple-choice questions.
IUS/07 - LABOUR LAW - University credits: 9
Lessons: 63 hours
Professor: Imberti Lucio
Educational website(s)
Professor(s)
Reception:
Monday 12,30. It is always possible to arrange further appointments by sending an e-mail to lucio.imberti@unimi.it