Trade union and industrial relations law

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/07
Language
Italian
Learning objectives
- Knowledge and understanding. The student must demonstrate to have acquired a basic knowledge of Trade Union Rights and of the principal methods of conducting Industrial Relations.
- 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 Industrial Relations.
- 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 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 an in-depth knowledge of Trade Unions Rights and of related doctrine and case law. On the base of this expertise, students are required to express motivated opinions in relation to the evolution of Trade Union Rights and Industrial Relations in recent years, also through the analysis of practical cases examined during classes.
Course syllabus and organization

Unique edition

Responsible
Lesson period
Second semester
Course syllabus
The juridical framework of collective bargaining in the light of Civil Law - The evolution of the structure of collective bargaining according to national agreements between main workers' and employers' organizations ("interconfederal agreements") - The rules concerning the temporal succession of collective arrangements - The effectiveness among workers of company collective agreements executed by unitary representative bodies at enterprise level - The "separated" national collective agreement of metalworkers' category executed in 2009 and the collective agreement applied in the Pomigliano premises - The referendum held in Pomigliano and the specific first level collective agreement applied in the Fiat group - The interconfederal agreement executed on 28 June 2011 - The Article 8 of Law Decree No. 138 of 2011, afterwards converted in Law No. 148 of 2011 - The judgments of Turin Court of 14 September 2011 - The leave of Fiat from Confindustria - Article 19 of Law No. 300 of 1970 and company representative bodies of Fiom-Cgil in companies belonging to Fiat Group - The "hiring case" of Fabbrica Italia Pomigliano - The interconfederal agreement of 31 May 2013 - The judgment held by Constitutional Court No. 231 of 2013 - The "Consolidated text" on trade unions representativeness of 10 January 2014 - The most recent evolutions of Fiat case - Company collective agreements and corporate welfare - The national collective agreement of metalworkers of 2016 - The agreement between Confindustria, Cgil, Cisl and Uil of 9 March 2018 - Moot court about Trade Union Rights (discretionary for students).
Prerequisites for admission
There are no prerequisites
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). The students will have the opportunity to participate to a moot court referred to Trade Union Rights: participants will be subdivided in two groups and the case will be discussed before a judge of the Labour Section of Milan Court.
Bibliography
For attending students, the exam will consist in an oral interview on the basis of the judgments and the bibliographic materials that will be published on the Ariel web page of the course.
For not attending students the exam will be held as an oral interview and the knowledge of the following manual is required: M.V. Ballestrero, Diritto sindacale, Giappichelli, latest edition.
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.
Assessement methods and criteria
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 web page Ariel of the course. These verifications will concern the topics treated during the lessons and will be based on oral interviews or on tests made up of open questions.
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 42 hours
Professor: Imberti Lucio
Professor(s)
Reception:
Monday 12,30. It is always possible to arrange further appointments by sending an e-mail to lucio.imberti@unimi.it