Comparative labour law

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/07
Language
English
Learning objectives
- the full comprehension of the main features and, most importantly, of the rationale (ratio) of the Labour Law institutions analyzed during the Course;
- the development of the capacity to properly apply the comparative methodology to Labour Law institutions, in such a way that the student might also be able, in case he/she intends to further proceed in a Labour Law inquiry, to effectively compare other Labour Law institutions;
- the development of the technical language of Comparative Labour Law.
Expected learning outcomes
- Knowledge and comprehension capacity: the capacity to understand the rationale of the Labour Law Institutions analyzed in a comparative perspective during the Course (e.g. employment and self-employment; collective bargaining and strike; employee involvement in the management of firms; dismissal protection);
- Applicative skills: the ability to correctly apply the comparative methodology and the capacity to trace the link between Domestic Labour Law Institutions and the main peculiarities and features of the relevant Legal order;
- Independent judgment capacity: the students should be able to express their critical and legally grounded personal determinations on the course content
- The development of proper communication skills through the capacity to make a correct use of the technical language of Comparative Labour Law;
- Comprehension: the students should be able to show the understanding of the comparative labour law methodology
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
During the pandemic emergency phase, the lectures will be held on MIcrosoft Teams. The students will be able to attend the lectures live by accessing Microsoft Teams on the scheduled lecture time. Moreover, the lectures will be recorded and will be thus available online on the same online platform.
The course program and the course materials will not undergo any substantial change during the pandemic emergency phase.
During the pandemic emergency phase, the exam will be given in oral form on Microsoft Teams or, only if permitted by the emergency policies, in oral form in class.
The exam will be aimed at:
- assessing the knowledge and comprehension capacity of the candidate (i.e. the capacity to understand the rationale of the Labour Law Institutions analyzed in a comparative perspective during the Course);
- assessing the applicative skills of the candidate (i.e. the ability to correctly apply the comparative methodology and the capacity to trace the link between Domestic Labour Law Institutions and the main peculiarities and features of the relevant Legal order);
- assessing the independent judgment capacity of the candidate, who should be able to express his/her critical and legally grounded personal determinations on the course content;
- assessing the development of proper communication skills, through the capacity of the candidate to make a correct use of the technical language of Comparative Labour Law;
- assessing the comprehension skills of the candidate, who should be able to show the understanding of the comparative labour law methodology.
Course syllabus
1) Labour Law and the Comparative Method
Materials: Slides; O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1.

2) Whom is Labor Law for? The evolution of the Contract of Employment
Materials: Slides; B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (ed.), The Making of Labour Law in Europe, Hart, 1986, 31.

3) The «crisis» of the employment relationship and the re-discovery of Self-employment
Materials: Slides; G. Davidov, M. Freedland and N. Kountouris, The subjects of labor law: 'Employees' and other workers, M.F. Finkin and G. Mundlak (eds.), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115.

4) Labour Law protections in the "platform economy"
Materials: Slides; M. Biasi, "We Will All Laugh at Gilded Butterflies". The Shadow of Antitrust Law on the Collective Negotiation of Fair Fees for Self-Employed Workers, European Labour Law Journal, 2018, 9, 4, 354.

5) The notion of the Employer
Materials: Slides; L. Corazza, O. Razzolini, Who is an Employer?, WP C.S.D.L.E. "Massimo D'Antona".INT, 2014, 110; O. Razzolini, Network Forms of Organization and Network Agreements in a Labour Law Perspective: Two Tuscan Case Studies, E. Ales et Alii (eds.), Employment Relations and Transformation of the Enterprise in the Global Economy, Giappichelli, 2016, 67.

6) The making of Collective Labor Law. Continental Europe and UK
Materials: Slides; A. Jacobs, Collective Self-Regulation, B. Hepple (ed.), The Making of Labour Law in Europe, Hart, 1986, 193 ff.

7) Collective bargaining, minimum wage policies and the regulation of industrial action in a comparative perspective
Materials: Slides; P. De Gioia Carabellese, R.J. Colhoun, G. Zilio Grandi, The Concept of "Protected Trade Dispute" in the UK Legislation: A (Still and Never-Ending) Fashionable Notion to be Exported to the Continent, Despite "Metrobus" and "British Airways"?!, WP Adapt, 2013, 134.

8) Centralized vs. decentralized industrial relations systems: a comparative analysis based on the FIAT/Chrysler Case
Materials: Slides; Supreme Judicial Court of Massachusetts, Commonwealth v. Hunt, 45 Mass. 111 (1842); M. Biasi, Statutory Employee Representation in Italian and US Workplaces: Comparative Analysis of the Fiat/Chrysler Case, in Labor Law Journal, 2015, 4, 233.

9) Employee Involvement in the management of companies
Materials: Slides; M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459 ff.; J. Prassl, Employee Shareholder "Status": Dismantling the Contract of Employment, Industrial Law Journal, 2013, 42, 4, 307.

10) Dismissal law in a comparative perspective
Materials: Slides; M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7; M. Kittner, T.C. Kohler, Conditioning Expectations: The Protection of the Employment Bond in German and American Law, Comparative Labor Law & Policy Journal, 2000, 21, 263.
Prerequisites for admission
It is recommended - but not strictly mandatory - that the enrolled student previously passed the exam of his/her Domestic Labour Law.
Teaching methods
Traditional lecture, whereby the Instructor stimulates and invites the students to raise questions and to actively contribute with their personal observations on the course topics.
Teaching Resources
Course Materials (including the Slides), which are the same for attending and non-attending students, are those listed above and they will be uploaded on ARIEL.
Attendants are supposed to read the teaching materials in advance as to actively contribute to the class discussion.
Assessment methods and Criteria
The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and 2 open questions (0-5 points each), whereby the candidate is supposed to show his/her critical reasoning capacity and the development of the skills to properly apply the comparative methodology to the labour law institutions analyzed during the Course; during the pandemic emergency phase, the written examination is replaced by an oral examination (see supra);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score, depending on the capacity to correctly apply the comparative methodology and on the quality of the class speech.
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 42 hours
Professor: Biasi Marco
Educational website(s)
Professor(s)
Reception:
Due to the Pandemic emergency and until further communication, office hours will take place online via Microsoft Teams at the time agreed via e-mail.