Fundamentals of Labour Law
A.Y. 2020/2021
Learning objectives
The course is aimed at providing with the fundamental rules regarding employment contract and human resources management as regulated by Italian and European Law.
Expected learning outcomes
At the end of the course students are expected :
- to know the regulation - at national and European level - of the most relevant issues of employment contract: hiring, dismissal, fixed term contract, temporary work contracts, self or semi-self employment contract, pay, transfer of undertaking, no discrimination, health and hygiene protection;
- to be able to manage an employment relationships for aspects concerning the above said issues;
- to be able to understand, assess and foresee organizational effects, costs and possible legal risks because the management of the above said issues of employment contract
- to know the regulation - at national and European level - of the most relevant issues of employment contract: hiring, dismissal, fixed term contract, temporary work contracts, self or semi-self employment contract, pay, transfer of undertaking, no discrimination, health and hygiene protection;
- to be able to manage an employment relationships for aspects concerning the above said issues;
- to be able to understand, assess and foresee organizational effects, costs and possible legal risks because the management of the above said issues of employment contract
Lesson period: Second trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second trimester
According to the evolution of the pandemic, there will be both asynchronous and synchronous classes. Asynchronous classes will be realized through power points with audio comments; synchronous classes will take place, according to the course's timetable, through Microsoft Teams. Both the power points and the records of the synchronous class sessions will be uploaded in the Platform Ariel.
Course syllabus
PROGRAMME: The main scopes of labour and employment law; legal sources of employment law; freedom of association and collective bargaining; collective rights at workplace level; right to strike; distinction between employment and self-employment in classic and digital firm; the establishment of employment relationship; "flexible" employment contracts: part time, fixed term contract, agency work, occasional or zero hours contracts, intermittent contracts; educational and vocational contracts: apprenticeship, stage, internship; rights and obligations of parties in managing employment relationships; the employer's duties and powers; the employee's fundamental rights; economic/organizational and collective dismissals; transfer of undertaking, posting of workers, contracting out and agency work; management of employment relationships in business restructuring and crisis: temporary suspension with insurance benefits and solidarity contracts; guaratees and benefits of employees after the termination of the contract; individual and collective capacity of waving employees' rights; alternative dispute resolutions.
Prerequisites for admission
A basic knowledge of civil and public law is required
Teaching methods
The teaching methods are: a) Frontal class; b) team work on case studies, c) students presentations.
Occasionally, experts and professionals will be invited as to allow students to become more confident with the practical aspects of the subject.
Occasionally, experts and professionals will be invited as to allow students to become more confident with the practical aspects of the subject.
Teaching Resources
Slides used during the lessons which can be downloaded from Ariel website of the course and one of the following textbooks:
a) Riccardo Del Punta, Diritto del lavoro, Giuffrè, 2019.
- to read: Introduction; Section I, chapters I, II (carefully), III, V, VI (carefully); Section V, chapters IX (carefully);
- to study: Section I, chapters IV; Section III, chapters I (unless par. 4), II; Section II; Section IV, chapters I, II, III; Section V, chapters I, II, III, IV; V, VI (unless par. 4), VII (unless par. 6), VIII (only par. 1, read the other paragraphs) X, XI, XII; Secion VI, chapters I, II; III; IV.
or alternatively
b) Oronzo Mazzotta, Manuale di diritto del lavoro, Cedam, 2020.
- to read: Introduction (carefully);
- to study: Part I; Part II, Chapter I, Section I, II, III; Chapter II, Section I, II, III, IV (unless par. 2); Chapter III, Section I, II, III (unless par. 10, 28, 39), IV, V (unless par. 23 e 26); Chapter IV, Sez. I, II, III; Chapter V (to read paragraphs 8, 9, 10, 11).
a) Riccardo Del Punta, Diritto del lavoro, Giuffrè, 2019.
- to read: Introduction; Section I, chapters I, II (carefully), III, V, VI (carefully); Section V, chapters IX (carefully);
- to study: Section I, chapters IV; Section III, chapters I (unless par. 4), II; Section II; Section IV, chapters I, II, III; Section V, chapters I, II, III, IV; V, VI (unless par. 4), VII (unless par. 6), VIII (only par. 1, read the other paragraphs) X, XI, XII; Secion VI, chapters I, II; III; IV.
or alternatively
b) Oronzo Mazzotta, Manuale di diritto del lavoro, Cedam, 2020.
- to read: Introduction (carefully);
- to study: Part I; Part II, Chapter I, Section I, II, III; Chapter II, Section I, II, III, IV (unless par. 2); Chapter III, Section I, II, III (unless par. 10, 28, 39), IV, V (unless par. 23 e 26); Chapter IV, Sez. I, II, III; Chapter V (to read paragraphs 8, 9, 10, 11).
Assessment methods and Criteria
The exam is a written examination based on 6-7 questions. The evaluation, expressed as a fraction of 30/30, will take into account the accuracy, correctness and completeness character of the answer. The given time for the test is one hour and 30 minutes.
Professor(s)