Labour Law
A.Y. 2020/2021
Learning objectives
- Knowledge and understanding. The student must demonstrate to have acquired a basic knowledge of the main legal institutes of Trade Union Rights and Labour Law.
- 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 Labour Law.
- 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 Labour Law, applying the respondent regulatory framework.
- 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 Labour Law.
- 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 Labour Law, 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 the knowledge of essential elements of Trade Unions Rights and Labour Law, highlighting also their hallmarks in respect to Civil Law. On the base of this expertise, students are required to express motivated opinions in relation to the application of general principles to practical cases.
Lesson period: First semester
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
First semester
Teaching methods
Lectures will take place on Microsoft Teams in synchronous mode, at the established times, and will be recorded and available for consultation on the same platform. Information on how to access the lessons on Microsoft Teams and other instructions on teaching will be uploaded on the ARIEL site of the course, which is recommended to consult regularly.
If the health situation allows it, in compliance with current regulations, lessons can also be held in the classroom (mixed mode); in this case, students will be promptly informed and notified through the course ARIEL website.
In any case, lectures will be recorded and made available to students for the duration of the semester.
Program and reference material
The syllabus and reference material for the course are unchanged.
Verification of learning and evaluation criteria
The methods of verification of learning and the evaluation criteria will not change.
The examination will take place in oral form on the Microsoft Teams platform.
If the health situation allows it, consistent with the availability of classrooms and the respect of the necessary security conditions, the exam will be held in the classroom.
However, the possibility of conducting the exam remotely will be ensured for students who are in the condition of not being able to move from their place of residence and / or domicile.
More precise indications and updates will be available on the Ariel website of the course, which should be consulted regularly.
Lectures will take place on Microsoft Teams in synchronous mode, at the established times, and will be recorded and available for consultation on the same platform. Information on how to access the lessons on Microsoft Teams and other instructions on teaching will be uploaded on the ARIEL site of the course, which is recommended to consult regularly.
If the health situation allows it, in compliance with current regulations, lessons can also be held in the classroom (mixed mode); in this case, students will be promptly informed and notified through the course ARIEL website.
In any case, lectures will be recorded and made available to students for the duration of the semester.
Program and reference material
The syllabus and reference material for the course are unchanged.
Verification of learning and evaluation criteria
The methods of verification of learning and the evaluation criteria will not change.
The examination will take place in oral form on the Microsoft Teams platform.
If the health situation allows it, consistent with the availability of classrooms and the respect of the necessary security conditions, the exam will be held in the classroom.
However, the possibility of conducting the exam remotely will be ensured for students who are in the condition of not being able to move from their place of residence and / or domicile.
More precise indications and updates will be available on the Ariel website of the course, which should be consulted regularly.
Course syllabus
Labour market law - The legal sources of Labour Law - The freedom of association regulated by Article 39, paragraph 1, of the Constitution - The freedom of association in the light of Title II of Law No. 300 of 1970 - Trade unions representativeness and representation - Company trade union representative bodies and unitary trade unions representative bodies - The instruments to contrast anti-trade unionist conducts - Collective bargaining - The juridical elements of collective agreements regulated by Civil Law - Collective agreements in the Civil service - Right to strike and freedom of lockout - The discipline of right to strike in essential publics services - The evolution of the legal framework of wage labour - The discipline of wage labour as a mandatory regulation - Main case law in relation to the qualification of the labour relationship - Hetero-organized work and coordinated and continuous collaboration agreements - The establishment of a labour relationship - The employees' duty of care - The regulation of professional levels - The limits to the employer's powers and the ban on discrimination - The employer's disciplinary power and the duty of loyalty - Salaries and severance packages - The circumstances in which the labour relationship can be suspended - Ancillary and contingent work - The discipline of internships - The termination of the labour agreements: resignations, terminations for mutual consent and layoffs - The workers' legal protections against unjustified layoffs - The discipline of collective dismissals - Non-standard work and, in particular, working relationships with term - The discipline of apprenticeship agreements - The employment relationships with reduced or flexible working time and, in particular, part-time work - The regulation of temporary work, secondment and procurement of work - The regulation of working relationships in case of transfer of the undertaking. - Waivers and transactions.
Prerequisites for admission
No prior knowledge is required, except as indicated in the teaching regulations of the Bachelor's degree course for the purposes of preparation with other teachings.
Teaching methods
The lectures will also be accompanied by the analysis of practical cases carried out with the participation of the students and by meetings with operators in the labour market (labour consultants, lawyers, magistrates, trade unionists, company managers). For the conduct of the lessons in the emergency epidemiological phase, see the section of this programme entitled "emergency phase teaching".
Teaching Resources
The proposed manual is A. Tursi-P.A. Varesi, Istituzioni di diritto del lavoro, VIII edizione, Giappichelli, Torino, 2019.
The study of the reference book must be combined with a meticulous direct learning of the provisions of the Constitution, of the Civil Code and of special laws analysed during lessons and in the manual. To this aim, students are required to utilize an updated collection of the main documentary sources of Labour Law. It's possible to find several collections of law and regulations concerning Labour Law, i.e. M.T. Carinci (eds), Labour Code, Giuffrè, Milan, latest edition. Supporting material (slides power points and documentation) will also be published on the ARIEL platform dedicated to teaching.
The study of the reference book must be combined with a meticulous direct learning of the provisions of the Constitution, of the Civil Code and of special laws analysed during lessons and in the manual. To this aim, students are required to utilize an updated collection of the main documentary sources of Labour Law. It's possible to find several collections of law and regulations concerning Labour Law, i.e. M.T. Carinci (eds), Labour Code, Giuffrè, Milan, latest edition. Supporting material (slides power points and documentation) will also be published on the ARIEL platform dedicated to teaching.
Assessment methods and Criteria
The examination is oral. The criteria for the evaluation of the oral exam will take into account the correctness of the contents, the clarity of the argument and the ability of critical analysis and re-elaboration. Attending students will be able to take intermediate tests according to the procedures that will be indicated in class and published on the Ariel page of the course. They are related to the topics covered in the lessons and take the form of multiple-choice questionnaires.
For examinations in the emergency epidemiological phase, see the section of this programme entitled "Emergency phase teaching".
For examinations in the emergency epidemiological phase, see the section of this programme entitled "Emergency phase teaching".
Professor(s)
Reception:
Monday from 13:00 to 14:30, by appointment to be agreed by e-mail
Milano, Via Festa del Perdono 7, Sezione di Diritto del Lavoro - Dipartimento di Diritto privato e Storia del diritto