International and comparative labour law

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/07
Language
English
Learning objectives
The course offers an overview of European Union and International institutions and legal sources in the labour law field with a focus on the following topics: workers' freedom of movement, conflict of laws, atypical work, conflict between economic freedoms and collective rights, collective redundancies, workers participations to the business making process. A particular attention will be paid to the current European Union debate on social policy issues such as minimum wage, global supply chains and human rights. The course also intends to provide students with a good knowledge of comparative method in the employment and labour law field as to enable them to understand the most significant differences between the American, European and Chinese legal perspectives on relevant labour law issues such as collective bargaining and right to strike, the blurring distinction between employment and self-employment in the platform economy, individual dismissal.
Expected learning outcomes
Students who attend the course will acquire competence to:
- identify legal sources of employment relationship at international and European Union and understand how they interact;
- identify the main international and European Union actors and institutions in the labour law field and understand their role and functions;
- acknowledge the problem of conflict of laws and identify the law applicable to the employment relationship;
- acknowledge the problematic dialogue and conflict between economic freedoms and collective rights;
- acknowledge the existence of different models of corporate governance and how this influences the topic of workers participation in the business making process;
- understand the current European Union debates on social policy issues;
- understand and compare main differences between the American, European and Chinese employment legal traditions.
Course syllabus and organization

Single session

Responsible
Lesson period
Third 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: Introduction. History of EU and International Labour law; scopes and sources; Free Movement of Workers and the concept of worker; Equality Law (main distinction between USA and EU)- Development and Principles; Equal Pay; Equal Treatment; EU Labour Law and the so called Atypical Work (Fixed-term work and agency work); Conflict between Economic freedoms and Collective rights; Collective Bargaining and Competition Law; Employment Rights in Firms' Restructuring (Transfer of Undertakings and Collective Redundancies); Workers Participation in the Decision-Making Process (European Work Councils and Societas Europaea -SE); Due diligence and human rights: a new European and International trend; Specific seminars on comparative labour law issues: Right to strike and collective bargaining; the Blurring Distinction between Employment and Self-Employment in the Digital Economy; Dismissal.
Prerequisites for admission
A basic knowledge of European and international law is required
Teaching methods
The course is entirely taught in English language with the support of power point presentations. Attending students are required to actively contribute to the discussion of judgments and other teaching materials. Attending students may also give a presentation discussing one or more judgments of the EU Court.
Teaching Resources
Teun Jaspers, Frans Pennings, Saskia Peters, European Labour Law, Intersentia, 2019; slides presented in class; further readings and teaching materials will be suggested in the lectures.
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.
IUS/07 - LABOUR LAW - University credits: 9
Lessons: 60 hours
Professor: Razzolini Orsola
Professor(s)