Labour law in the Public Administration

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/07
Language
Italian
Learning objectives
The course analyses the principles and the rules in matter of public sector employment after the "privatization", with regards to both trade union and employment law.
More precisely, the course is aimed at providing the students with the basic notions of public sector employment law, in such a way that:
- They acquire the knowledge and the comprehension of the discipline of trade union and employment law in the public sector;
- They are able, also through the case analyzed in class, to apply their knowledge to concrete scenarios;
- They develop critical and legally grounded personal determinations on the course content;
- They improve their argumentation and language skills, so that they are able to dialogue with expert interlocutors;
- They develop the capacity to understand the evolution of labour law in the public sector, in order to be able to inquire the legal institutions with a high standard of autonomy.
Expected learning outcomes
- Knowledge and comprehension capacity: the students should be able to show their knowledge and comprehension of the discipline of public sector employment law;
- Applicative skills: the students should be able to apply their knowledge to practical cases;
- Independent judgment capacity: the students should be able to express their critical and legally grounded personal determinations on the course content;
- Communication skills: the students should demonstrate their argumentation and language skills;
- Comprehension: the students should be able to show the understanding of the evolution of labour law in the public sector.
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 ARIEL.
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.
Course syllabus
Development of trade union and employment law in the public sector; the origin of the issues concerning public sector employment; the public nature and the subsequent process of "contrattualizzazione"; the sources of public sector employment; the relationship between politics and management; the role of managers as employees and employers as well; collective bargaining; union rights; union representation and union representativeness; the access to public sector employment; employment and self-employment; job skills; incompatibilities; individual and collective mobility; non-standard employment; wage setting and performance; disciplinary power; dismissal.
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
The lectures will be coupled with the analysis of Constitutional Court, Cassation and Merit Court judgments concerning the most significant issues of public sector employment.
Teaching Resources
The alternative handbooks for both attending and non-attending students are the following:
- L. Fiorillo, Il diritto del lavoro nel pubblico impiego, 2a ed., Piccin, Padova, 2019;
- L. Galantino (continuato da M. La Notte), Diritto del lavoro pubblico, 8a ed., Giappichelli, Torino, 2019;
Further references will be provided by the Instructor during the course.
With the aim of supporting the students, the Instructor will upload additional materials on https://ariel.unimi.it.
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.
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 42 hours
Professor: Boscati Alessandro