International and Comparative Labour Law
A.Y. 2021/2022
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.
- 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.
Lesson period: Third 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
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. A brief history of international and European labor law; Freedom of association, collective bargaining and the right to strike in international, European and comparative perspective (with a reference to Chinese law); the debate on minimum wage; the distinction between employment and self-employment with particular regard to the platform economy; homeworking and Amazon Mechanical Turk; individual dismissal: models and perspectives; due diligence, business and human rights; worker participation, information and consultation (European Work Councils and Societas Europaea); anti-discrimination protection (distinction between the American and European approaches).
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 on specific topics.
Teaching Resources
R. Blanpain, Comparative Labour Law and Industrial Relations in Industrialized Market Economies; 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. Attending students, according to their number, might write a takehome paper.
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