Labour law

A.Y. 2020/2021
12
Max ECTS
84
Overall hours
SSD
IUS/07
Language
Italian
Learning objectives
The teaching aims to provide students with the basic notions of trade union law and to develop their knowledge of labour law, with specific reference to the discipline of the employment relationship.

As far as trade union law is concerned, the teaching aims to develop knowledge of the constitutional principles of trade union law, organisation and union action (collective bargaining) as well as forms of collective self-protection (strikes and lockouts), with reference to both private and public employment.

As far as labour law is concerned, the aim of the course is to provide students with knowledge of the main regulations governing the labour market and standard and non-standard employment contracts (fixed-term contracts, employment contracts, etc.) in relation to its various phases. The teaching aims to make students understand the rules of the contractual constitution of the employment relationship, the rules that govern the phase of development and those that govern its termination.

More specifically, the aim of the course is to provide students with the basic notions of trade union law and labour law so that they will be able to:
- acquire knowledge and understand the mechanisms underlying the employment relationship;
-apply this knowledge and understanding to the solution of legal and application problems;
- analyse, through their knowledge and skills, evaluate and comment in an informed and critical manner, with autonomy of judgement, on the main legal institutions;
- develop communication skills, participating with awareness and language skills in the debate proposed in the classroom on the legal issues that will be proposed by the teacher during the treatment of individual topics;
- develop their learning skills in line with their studies and other legal disciplines, establishing links with other areas with which labour law has an affinity (civil law).
Expected learning outcomes
At the end of the course, the student must be able to:
- demonstrate knowledge and understanding of the legal profiles of the discipline of trade union law and labour law and have developed an adequate capacity to understand the evolution of the labour discipline and its main interpretative issues, enabling them to study the legal institutions with a high degree of autonomy.
- apply the acquired knowledge in the resolution of legal cases, demonstrating that he has acquired the method transmitted by the teacher in class;
- demonstrate sufficient argumentation and ownership of legal language to allow communication with specialist interlocutors;
- demonstrate, in the course of the lessons and the proficiency test, that they have acquired legally sound critical positions in relation to the subjects of the course.
Course syllabus and organization

Surname A-C

Responsible
Lesson period
year
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.
Course syllabus
The course begins analysing the Labour Law and continues with the study of the employment relationship.
The subject, therefore, is divided into two fundamental parts:
1) Labour Law which analyses the origin and historical evolution of labour law; labour law and constitution; the sources of labour law; freedom and organisation and trade union action; trade union and legal system; collective bargaining; strike and lockout; trade union relations in the company; law and collective agreement;
2) Employment Law which analyses the contract of employment and the individual autonomy; the subordinate work; the self-employment, the parasubordinate and occasional work; the definition of employer; the structure of the employment relationship; the object and place of work performance; the working time; the power of control and the protection of employees' privacy; the disciplinary power; the remuneration; the protection of safety at work; the principle of equality and of non discrimination in the workplace; the leaves; the termination of the employment relationship; the crisis of the company; the non-standard employment contracts and the external work; the temporary work; the youth work and the phenomena of outsourcing.
Possible programmes for the integration of the exam in the transition from the three-year period to Law or specific programs for Erasmus students should be agreed with the Professor.
Prerequisites for admission
The knowledge of the basic concepts of private law and constitutional law is required. They are both preparatory to the final exam.
Teaching methods
The lectures will be accompanied by the analysis of practical cases carried out with the participation of the students. Slides will be used in support of the lectures. They will be uploaded on the Ariel platform.
Teaching Resources
All the students (without difference between attending and not attending ones), are required to prepare the exam on the following texts:
- for the general part concerning Labour Law: R. Del Punta, Diritto del Lavoro, Giuffrè, Milan, the last edition;
- for the study of the recent reforms: M.T. Carinci, A. Tursi, Licenziamento, subordinazione, lavoro agile, tra diritto giurisprudenziale e diritto emergenziale, Giappichelli, 2020 The study of the manual must be accompanied by a rigorous direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws recalled by the textbooks. To this end there are numerous labour law codes on the market, among them see M.T. Carinci (ed.), Codice del Lavoro, Giuffrè, Milan, 2020.
The professor makes available to students on Ariel the slides uses during the course.
Assessment methods and Criteria
The acquisition of the expected learning outcomes will be ascertained through an oral exam.
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours

Surname D-L

Responsible
Lesson period
year
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.
Course syllabus
The matter is divided into three modules:
1) Labour policies and causes of suspension of employment: active labour policies and employment services, institutional and organizational structure of the labour market, matching between labour supply and demand, targeted placement of disabled people, the contribution of private individuals, training internships, economic and regulatory incentives to promote employment, passive labour policies (wage supplementation fund, bilateral solidarity funds, instruments to support workers' income), causes of suspension of employment (permits, leave and expectations, economic causes);
2) Trade union law: trade union freedom and organisation, collective bargaining agreement, trade union rights, right to strike and freedom to strike.
3) Labour relations law: the case of subordinate employment, traditional theories, judicial litigation on the qualification of the employment relationship, the contractual origin of the employment relationship, the requirements of the employment contract, the test agreement, non-standard forms of work, the structure of the employment contract, the legal discipline of the work performance, remuneration, resignation, consensual termination, individual and collective dismissals, special guarantees of workers' rights.
Any changes of professorship will have to be agreed directly with the teachers of reference and will be evaluated on the basis of the reasons provided, possibly accompanied by adequate supporting documentation.
In the event of a transition from the Bachelor's degree course to the single-cycle Master's degree course in Law, integrations to the program will be agreed directly with the teacher and will take into account the specific objectives of the course.
Erasmus students: There are specific programmes for Erasmus students, the modalities of which will have to be agreed directly with the teacher.
Degree theses are usually assigned three times a year according to the methods and criteria available on the notice board in the section of Labour Law. In any case, it is preferable to have taken other examinations in the area of labour law such as Social Security Law, Labour Security Law, Trade Union Law and Industrial Relations, Advanced Labour Law, European Labour Law, Trade Liberalization and Labour rights.
Prerequisites for admission
No prior knowledge is required, except as indicated for the propaedeuticity of the teachings (private law and constitutional law) in the teaching regulations of the degree course.
Teaching methods
Frontal lessons. Classroom lessons may be accompanied by seminar activities and in-depth studies on specific aspects of the subject. For the conduct of lessons in the emergency epidemiological phase, see the section of this programme entitled "emergency phase teaching".
Teaching Resources
Students, attending and not, are required to prepare the exam on the following texts:
a) for the general part concerning labour law, A. Tursi - P.A. Varesi, Istituzioni di diritto del lavoro, Cedam, Padova, VIII ed., 2019 with exclusion of part V;
b) for the general part concerning trade union law, M. Magnani, Diritto sindacale, Giappichelli, Turin, last edition.
c) for the study of the discipline of dismissal, subordination and agile work, M.T. Carinci - A. Tursi, Licenziamento, subordinazione e lavoro agile tra diritto giurisprudenziale e lavoro emergenziale, Giappichelli, Turin, 2020
The study of the manual must be accompanied by direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws referred to in the textbooks. To this end, it is advisable to make use in the study of an updated collection of the main documentary sources of Labour Law. We recommend M.T. Carinci (ed.), Codice del Lavoro, Giuffré, Milan, latest edition.
Assessment methods and Criteria
The final profit test relating to the course is oral and is assessed by a grade in thirtieths, with honours if necessary. The oral test is designed to ascertain the degree of knowledge of the subject, the level of detail and the quality of the presentation. In itinere profit tests will be carried out during the course and will concern students who regularly attend the lessons. They will be related to the topics covered in the lessons and will take the form of questionnaires with closed questions. The methods will be indicated during the lessons and communicated on the ARIEL UNIMI platform in the section dedicated to the course.
For the conduct of examinations in the emergency epidemiological phase, see the section of this programme entitled "emergency phase teaching".
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours
Professor: Tursi Armando

Surname M-Q

Responsible
Lesson period
year
Teaching Methodology
The lectures will take place on Microsoft Teams in synchronous mode at the established times.
The lectures will be recorded and will be made available on the same platform as well as on the Course's ARIEL website.
The information on how to access Microsoft Teams lectures and other teaching instructions will be uploaded to the course's ARIEL website, which is recommended to be consulted regularly.
In accordance with the evolution of the emergency scenario and in compliance with the current regulations, the lectures will be possibly held in the class (in a mixed mode); in this case, the students will be promptly informed and notified via the ARIEL website of the course.
In any case, the lessons will be recorded and left available to the students for the duration of the semester.

Program and Course materials
The Course Syllabus and the Course materials are not changed during the emergency.

Learning assessment procedures and assessment criteria
The assessment criteria and procedures will not be subject to changes due to the pandemic.
The oral examination will take place on the Microsoft Teams platform.
In accordance with the evolution of the emergency scenario and compatibly with the availability of the classrooms, as well as in compliance with the necessary safety conditions, the exam will possibly take place in class.
In any case, the possibility of taking the exam remotely will be ensured to students who are not able to move from their place of residence and/or from their domicile.
More precise information and updates will be available on the Ariel website of the Course, which should thus be consulted regularly.
Course syllabus
First part: origin and development of labour law; labour law and the Constitution; the sources of labour law; trade union organization and action; trade unions and national legal framework; collective bargaining; strike; company-level industrial relations; law and collective bargaining; the repression of anti-union conduct.
Second part: employment contract and personal autonomy; employment subordination; self-employment, coordinated work and casual work; labour market policies; the notion of the employer; the structure of the employment relationship; time and place of the employee's activity; the power of control and the protection of privacy; the disciplinary power; wage; health and safety provisions; the cases of contract suspension; equality and discrimination; the termination of the employment contract; the business crisis; non-standard work; fixed-term contract; youth employment and outsourcing (trasfer of undertakings; procurement; agency work); public servant employment.
Further info concerning the course content will be provided on https://ariel.unimi.it.
Prerequisites for admission
There are no specific prerequisites, considering that "Private Law" and "Public Law" are bridging courses, pursuant to the degree course regulation.
Teaching methods
Traditional lecture. Seminars and inquiries might be organized in view of the analysis of specific topics.
With the aim of supporting the students, the Instructor will upload additional materials on https://ariel.unimi.it.
Teaching Resources
The handbooks for both attending and non-attending students are the following:
- as to trade union law, F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro. 1. Il diritto sindacale, Torino, Utet Giuridica, 8a ed., 2018;
- as to labour law, F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro. 2. Il rapporto di lavoro subordinato. Torino, Utet Giuridica, 2019.
Alternatively, for both trade union law and labour law, R. Del Punta, Diritto del Lavoro, Giuffrè, Milano, 2020.
The study of the handbooks should be combined with the careful analysis of the Constitutional and legal provisions in matter of labour law. Accordingly, it is worthwhile that students avail of an updated text of the relevant law sources: e.g., M.T. Carinci (a cura di), Codice del lavoro, Giuffrè, Milano, 2020.
Assessment methods and Criteria
The final examination will be in oral form. The grade (0-30/30) will be assessed according to the correctness of the contents, to the clarity of the explanation as well as to the capacity of critical analysis.
Attending students will have access to a mid-term written test on trade union law, pursuant to the instructions provided in class and available on https://ariel.unimi.it. The test will be comprised of multiple choice and open questions.
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours

Surname R-Z

Responsible
Lesson period
year
Teaching methods
Lectures will take place on Microsoft Teams in synchronous mode, at scheduled times, and will be recorded and available for consultation on the same platform and on the ARIEL website. Information on how to access lessons on Microsoft Teams and other teaching instructions will be uploaded to the ARIEL website.
Should the health situation allow it, in compliance with the regulations, lessons may also be held in the classroom (mixed mode); in this case, students will be promptly informed and notified via the course ARIEL website.
In any case, the lectures will be recorded and made available to students for the duration of the semester.

Programme and bibliography
The programme and reference material of the course are unchanged.

Methods of assessing learning and assessment criteria
There will be no changes to the methods for assessing learning and the assessment criteria.
The examination will take place orally on the Microsoft Teams platform. There will be two written partial tests by means of quiz with multiple-choice questions. The written tests are not compulsory.
Should the health situation allow it, subject to the availability of classrooms and the necessary safety conditions, the examination will be held in the classroom.
However, students who are unable to travel from their place of residence and/or domicile will be able to take the examination remotely.
More precise indications and updates will be available on the Ariel course website, which should therefore be consulted regularly.
Course syllabus
The course begins the first semester with a module dedicated to Labour Law and continues, in the first and second semester, with lessons dedicated to the employment relationship.
The subject, therefore, is divided into two fundamental parts:
1) Labour Law which analyses the origin and historical evolution of labour law; labour law and constitution; the sources of labour law; freedom and organisation and trade union action; trade union and legal system; collective bargaining; strike and lockout; trade union relations in the company; law and collective agreement;
2) Employment Law which analyses the contract of employment and the individual autonomy; the subordinate work; the self-employment, the parasubordinate and occasional work; the definition of employer; the structure of the employment relationship; the object and place of work performance; the working time; the power of control and the protection of employees' privacy; the disciplinary power; the remuneration; the protection of safety at work; the principle of equality and of non discrimination in the workplace; the leaves; the termination of the employment relationship; the crisis of the company; the non-standard employment contracts and the external work; the temporary work; the youth work and the phenomena of outsourcing.
A specific in-depth study will be devoted to the recent reforms of the labour market (the so called: "Jobs Act" and "the dignity decree").
In addition to classroom lectures, there will be seminar activities and in-depth studies dedicated to specific aspects of the subject, coordinated by researchers and collaborators of the Labour Law section of UNIMI.
Possible programmes for the integration of the exam in the transition from the three-year period to Law or specific programs for Erasmus students should be agreed with the teacher.
Prerequisites for admission
The knowledge of the basic concepts of private law and constitutional law is required. They are both preparatory to the final exam and not to the partial tests.
Teaching methods
The lectures will be accompanied by the analysis of practical cases carried out with the participation of the students.
Both Individual and group work will be organized during special seminars to allow students to study and deepen complex legal cases and to explain orally their resolution.
Slides will be used in support of the lectures. They will be uploaded on the ariel platform https://ariel.unimi.it. Instead, for the seminar activity the solution of the exercises (in the form of an opinion) will be explained during the lesson.
Teaching Resources
All the students (without difference between attending and not attending ones), are required to prepare the exam on the following texts:
- for the general part concerning Labour Law: R. Del Punta, Diritto del Lavoro, Giuffrè, Milan, 2019;
for the special part: M.T. Carinci, A. Tursi, Licenziamento, subordinazione e lavoro agile tra diritto giurisprudenziale e diritto emergenziale, Giappichelli, 2020, except Section II of Chapter III (published in paper and ebook)
The study of the manual must be accompanied by a rigorous direct learning of the provisions of the Constitution, the Civil Code and the fundamental special laws recalled by the textbooks. To this end there are numerous labour law codes on the market, among them see M.T. Carinci (ed.), Codice del Lavoro, Giuffrè, Milan, 2019.
The professor holding the part of Employment Law also makes available to students on the website https://ariel.unimi.it slides that schematically retrace the topics covered during the lessons.
Assessment methods and Criteria
The acquisition of the expected learning outcomes will be ascertained through an oral exam.
Attending students will have access to two intermediate tests (a multiple choice test, about Labour Law; and a legal advice to give on subjects related to Employment Law) aimed at verifying their ability to apply knowledge and understanding (also through the resolution of specific legal cases) in a way that will be indicated in the lesson. The results of the two aforesaid tests will be communicated on the Ariel portal and the results (either both or only one) can be refused only at the time of the oral exam (the programme related to the part of the tests refused should be reprepared). In order to pass the partial tests, a minimum of 18/30 must be achieved. The mark will be the arithmetic result of the two intermediate tests together with the grade obtained in the oral exam (on the remaining program).
IUS/07 - LABOUR LAW - University credits: 12
Lessons: 84 hours
Professor: Ludovico Giuseppe
Professor(s)
Reception:
da concordare con il docente.
Reception:
monday from 3:00 p.m. to 4,00 p.m.
Laboru Law Section. Departmento of Private Law and Legal History
Reception:
Fri 12.30-14.30
Sezione di Diritto del Lavoro - Dipartimento di Diritto privato e Storia del diritto