Labour law

A.Y. 2019/2020
12
Max ECTS
84
Overall hours
SSD
IUS/07
Language
Italian
Learning objectives
The teaching aims to provide students with the basic notions of trade union law and to develop their knowledge of labour law, with specific reference to the discipline of the employment relationship.

As far as trade union law is concerned, the teaching aims to develop knowledge of the constitutional principles of trade union law, organisation and union action (collective bargaining) as well as forms of collective self-protection (strikes and lockouts), with reference to both private and public employment.

As far as labour law is concerned, the aim of the course is to provide students with knowledge of the main regulations governing the labour market and standard and non-standard employment contracts (fixed-term contracts, employment contracts, etc.) in relation to its various phases. The teaching aims to make students understand the rules of the contractual constitution of the employment relationship, the rules that govern the phase of development and those that govern its termination.

More specifically, the aim of the course is to provide students with the basic notions of trade union law and labour law so that they will be able to:
- acquire knowledge and understand the mechanisms underlying the employment relationship;
-apply this knowledge and understanding to the solution of legal and application problems;
- analyse, through their knowledge and skills, evaluate and comment in an informed and critical manner, with autonomy of judgement, on the main legal institutions;
- develop communication skills, participating with awareness and language skills in the debate proposed in the classroom on the legal issues that will be proposed by the teacher during the treatment of individual topics;
- develop their learning skills in line with their studies and other legal disciplines, establishing links with other areas with which labour law has an affinity (civil law).
Expected learning outcomes
At the end of the course, the student must be able to:
- demonstrate knowledge and understanding of the legal profiles of the discipline of trade union law and labour law and have developed an adequate capacity to understand the evolution of the labour discipline and its main interpretative issues, enabling them to study the legal institutions with a high degree of autonomy.
- apply the acquired knowledge in the resolution of legal cases, demonstrating that he has acquired the method transmitted by the teacher in class;
- demonstrate sufficient argumentation and ownership of legal language to allow communication with specialist interlocutors;
- demonstrate, in the course of the lessons and the proficiency test, that they have acquired legally sound critical positions in relation to the subjects of the course.
Course syllabus and organization

Cognomi A-C

Cognomi A-C
Responsible
Lesson period
year
Syllabus
The course begins the first semester with a module dedicated to Labour Law and continues, in the first and second semester, with lessons dedicated to the employment relationship.
The subject, therefore, is divided into two fundamental parts:
1) Labour Law which analyses the origin and historical evolution of labour law; labour law and constitution; the sources of labour law; freedom and organisation and trade union action; trade union and legal system; collective bargaining; strike and lockout; trade union relations in the company; law and collective agreement;
2) Employment Law which analyses the contract of employment and the individual autonomy; the subordinate work; the self-employment, the parasubordinate and occasional work; the definition of employer; the structure of the employment relationship; the object and place of work performance; the working time; the power of control and the protection of employees' privacy; the disciplinary power; the remuneration; the protection of safety at work; the principle of equality and of non discrimination in the workplace; the leaves; the termination of the employment relationship; the crisis of the company; the non-standard employment contracts and the external work; the temporary work; the youth work and the phenomena of outsourcing.
A specific in-depth study will be devoted to the recent reforms of the labour market (the so called: "Jobs Act" and "the dignity decree").
In addition to classroom lectures, there will be seminar activities and in-depth studies dedicated to specific aspects of the subject, coordinated by researchers and collaborators of the Labour Law section of UNIMI.

Possible programmes for the integration of the exam in the transition from the three-year period to Law or specific programs for Erasmus students should be agreed with the teacher.
Prerequisites, exams and assessment
The knowledge of the basic concepts of private law and constitutional law is required. They are both preparatory to the final exam and not to the partial tests.
Teaching methods
The lectures will be accompanied by the analysis of practical cases carried out with the participation of the students.
Both Individual and group work will be organized during special seminars to allow students to study and deepen complex legal cases and to explain orally their resolution.
Slides will be used in support of the lectures. They will be uploaded on the ariel platform https://ariel.unimi.it. Instead, for the seminar activity the solution of the exercises (in the form of an opinion) will be explained during the lesson.
Teaching resources and bibliography
All the students (without difference between attending and not attending ones), are required to prepare the exam on the following texts:
- for the general part concerning Labour Law: R. Del Punta, Diritto del Lavoro, Giuffrè, Milan, 2019;
- for the study of the recent reform of the discipline of dismissals, M.T. Carinci, A. Tursi, Jobs Act. Il contratto a tutela crescenti, Giappichelli, Turin, 2015 (limited to the first four chapters);
The study of the manual must be accompanied by a rigorous direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws recalled by the textbooks. To this end there are numerous labour law codes on the market, among them see M.T. Carinci (ed.), Codice del Lavoro, Giuffrè, Milan, 2019.
The professor holding the part of Employment Law also makes available to students on the website https://ariel.unimi.it slides that schematically retrace the topics covered during the lessons.
Exam
The acquisition of the expected learning outcomes will be ascertained through an oral exam.
Attending students will have access to two intermediate tests (a multiple choice test, about Labour Law; and a legal advice to give on subjects related to Employment Law) aimed at verifying their ability to apply knowledge and understanding (also through the resolution of specific legal cases) in a way that will be indicated in the lesson. The results of the two aforesaid tests will be communicated on the Ariel portal and the results (either both or only one) can be refused only at the time of the oral exam (the programme related to the part of the tests refused should be reprepared). In order to pass the partial tests, a minimum of 18/30 must be achieved. The mark will be the arithmetic result of the two intermediate tests together with the grade obtained in the oral exam (on the remaining programme).
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours

Cognomi D-L

Cognomi D-L
Responsible
Lesson period
year
Syllabus
The matter is divided into three modules:
1) Labour policies and causes of suspension of employment: active labour policies and employment services, institutional and organizational structure of the labour market, matching between labour supply and demand, targeted placement of disabled people, the contribution of private individuals, training internships, economic and regulatory incentives to promote employment, passive labour policies (wage supplementation fund, bilateral solidarity funds, instruments to support workers' income), causes of suspension of employment (permits, leave and expectations, economic causes);
2) Trade union law: trade union freedom and organisation, collective bargaining agreement, trade union rights, right to strike and freedom to strike.
3) Labour relations law: the case of subordinate employment, traditional theories, judicial litigation on the qualification of the employment relationship, the contractual origin of the employment relationship, the requirements of the employment contract, the test agreement, non-standard forms of work, the structure of the employment contract, the legal discipline of the work performance, remuneration, resignation, consensual termination, individual and collective dismissals, special guarantees of workers' rights.

Course changes: Any changes of professorship will have to be agreed directly with the teachers of reference and will be evaluated on the basis of the reasons provided, possibly accompanied by adequate supporting documentation.

Integration Program: In the event of a transition from the Bachelor's degree course to the single-cycle Master's degree course in Law, integrations to the program will be agreed directly with the teacher and will take into account the specific objectives of the course.

Erasmus students: There are specific programmes for Erasmus students, the modalities of which will have to be agreed directly with the teacher.

Degree theses: Degree theses are usually assigned three times a year according to the methods and criteria available on the notice board in the section of Labour Law. In any case, it is preferable to have taken other examinations in the area of labour law such as Social Security Law, Labour Security Law, Trade Union Law and Industrial Relations, Advanced Labour Law, European Labour Law, Trade Liberalization and Labour rights.
Prerequisites, exams and assessment
No prior knowledge is required, except as indicated for the propaedeuticity of the teachings (private law and constitutional law) in the teaching regulations of the degree course.
Teaching methods
Frontal lessons. The classroom lessons will be accompanied by seminars and in-depth studies dedicated to specific aspect of the subject. The lessons will begin in the first semester with a module dedicated to labour policies (active and passive) and the causes of suspension of the employment relationship, lasting a total of 20 hours; they will continue with a second module dedicated to trade union law, lasting a total of 20 hours; and will end, in the second semester, with lessons dedicated to the discipline of the employment relationship, lasting a total of 40 hours.
Teaching resources and bibliography
Students, attending and not, are required to prepare the exam on the following texts:
a) for the general part concerning labour law, A. Tursi - P.A. Varesi, Istituzioni di diritto del lavoro, Cedam, Padova, VIII ed., 2019 with exclusion of part V;
b) for the general part concerning trade union law, M. Magnani, Diritto sindacale, Giappichelli, Turin, last edition.
c) for the study of the discipline of the permanent contract with increasing protection, M.T. Carinci - A. Tursi, Jobs Act. Il contratto a tutele crescenti, Giappichelli, Turin, 2015 (only chapters I, II and III);
The study of the manual must be accompanied by direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws referred to in the textbooks. To this end, it is advisable to make use in the study of an updated collection of the main documentary sources of Labour Law. We recommend M.T. Carinci (ed.), Codice del Lavoro, Giuffré, Milan, latest edition.
Exam
The final proof of profit related to the teaching takes place in oral form and the evaluation is expressed with a mark in thirtieth, with possible praise. The oral test is aimed at ascertaining the degree of knowledge of the subject, the level of in-depth study and the quality of exposure.
Verifications in itinere of the profit will be carried out during the course and will concern the students who will regularly attend the lessons. They will be related to the topics covered in the lesson and will be articulated in the form of questionnaires characterized by closed-ended questions. The modalities will be indicated during the lesson and communicated on the ARIEL UNIMI platform in the section dedicated to teaching.
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours

Cognomi M-Q

Cognomi M-Q
Responsible
Lesson period
year
Syllabus
First part: origin and development of labour law; labour law and the Constitution; the sources of labour law; trade union organization and action; trade unions and national legal framework; collective bargaining; strike; company-level industrial relations; law and collective bargaining; the repression of anti-union conduct.
Second part: employment contract and personal autonomy; employment subordination; self-employment, coordinated work and casual work; labour market policies; the notion of the employer; the structure of the employment relationship; time and place of the employee's activity; the power of control and the protection of privacy; the disciplinary power; wage; health and safety provisions; the cases of contract suspension; equality and discrimination; the termination of the employment contract; the business crisis; non-standard work; fixed-term contract; youth employment and outsourcing (trasfer of undertakings; procurement; agency work); public servant employment.
Further info concerning the course content will be provided on https://ariel.unimi.it.
Prerequisites, exams and assessment
There are no specific prerequisites, considering that "Private Law" and "Public Law" are bridging courses, pursuant to the degree course regulation.
Teaching methods
Traditional lecture. Seminars and inquiries might be organized in view of the analysis of specific topics.
With the aim of supporting the students, the Instructor will upload additional materials on https://ariel.unimi.it.
Teaching resources and bibliography
The handbooks for both attending and non-attending students are the following:
- as to trade union law, F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro. 1. Il diritto sindacale, Torino, Utet Giuridica, 8a ed., 2018;
- as to labour law, F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro. 2. Il rapporto di lavoro subordinato. Torino, Utet Giuridica, 2019.
Alternatively, for both trade union law and labour law, R. Del Punta, Diritto del Lavoro, Giuffrè, Milano, 2019.
The study of the handbooks should be combined with the careful analysis of the Constitutional and legal provisions in matter of labour law. Accordingly, it is worthwhile that students avail of an updated text of the relevant law sources: e.g., M.T. Carinci (a cura di), Codice del lavoro, Giuffrè, Milano, 2019.
Exam
The final examination will be in oral form. The grade (0-30/30) will be assessed according to the correctness of the contents, to the clarity of the explanation as well as to the capacity of critical analysis.
Attending students will have access to a mid-term written test on trade union law, pursuant to the instructions provided in class and available on https://ariel.unimi.it. The test will be comprised of multiple choice and open questions.
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours
Professor: Boscati Alessandro

Cognomi R-Z

Cognomi R-Z
Responsible
Lesson period
year
Syllabus
Undefined
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours
Professor(s)
Reception:
lunedi ore 11,30-12,30
Reception:
Wednesday (for courses of second half) from 16: 00 to 18: 00 or Monday (for courses in the first half of second half) from 14: 00 to 16: 00 by appointment, to be agreed by email