Comparative Labour Law
A.Y. 2023/2024
Learning objectives
- the full comprehension of the main features and, most importantly, of the rationale (ratio) of the Labour Law institutions analyzed during the Course;
- the development of the capacity to properly apply the comparative methodology to Labour Law institutions, in such a way that the student might also be able, in case he/she intends to further proceed in a Labour Law inquiry, to effectively compare other Labour Law institutions;
- the development of the technical language of Comparative Labour Law.
- the development of the capacity to properly apply the comparative methodology to Labour Law institutions, in such a way that the student might also be able, in case he/she intends to further proceed in a Labour Law inquiry, to effectively compare other Labour Law institutions;
- the development of the technical language of Comparative Labour Law.
Expected learning outcomes
- Knowledge and comprehension capacity: the capacity to understand the rationale of the Labour Law Institutions analyzed in a comparative perspective during the Course (e.g. employment and self-employment; collective bargaining and strike; employee involvement in the management of firms; dismissal protection);
- Applicative skills: the ability to correctly apply the comparative methodology and the capacity to trace the link between Domestic Labour Law Institutions and the main peculiarities and features of the relevant Legal order;
- Independent judgment capacity: the students should be able to express their critical and legally grounded personal determinations on the course content
- The development of proper communication skills through the capacity to make a correct use of the technical language of Comparative Labour Law;
- Comprehension: the students should be able to show the understanding of the comparative labour law methodology
- Applicative skills: the ability to correctly apply the comparative methodology and the capacity to trace the link between Domestic Labour Law Institutions and the main peculiarities and features of the relevant Legal order;
- Independent judgment capacity: the students should be able to express their critical and legally grounded personal determinations on the course content
- The development of proper communication skills through the capacity to make a correct use of the technical language of Comparative Labour Law;
- Comprehension: the students should be able to show the understanding of the comparative labour law methodology
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
1) Labour Law and the Comparative Method
Materials: Slides; O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1.
2) Whom is Labor Law for? The evolution of the Contract of Employment
Materials: Slides; B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (ed.), The Making of Labour Law in Europe, Hart, 1986, 31; M. Biasi, An Essay on Liberty, Freedom and (Decent) Work, in Int. Journ. Comp. Lab. Law & Ind. Rel., 2022, 38, 3, 359.
3) The «crisis» of the employment relationship and the re-discovery of Self-employment
Materials: Slides; G. Davidov, M. Freedland and N. Kountouris, The subjects of labor law: 'Employees' and other workers, M.F. Finkin and G. Mundlak (eds.), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115.
4) Labour Law protections in the "platform economy"
Materials: Slides; M. Biasi, Beyond Employment: the Protection of Platform Workers in a Holistic Perspective, A. Lo Faro (ed.), New Technology and Labour Law. Selected topics, Giappichelli, 2023, 139; M. Biasi, "We Will All Laugh at Gilded Butterflies". The Shadow of Antitrust Law on the Collective Negotiation of Fair Fees for Self-Employed Workers, European Labour Law Journal, 2018, 9, 4, 354.
5) Work in the Metaverse and Labour Law Protections
Materials: Slides;
6) The Right to Disconnect in the Digital Age
Materials: Slides; M. Biasi, Boundaries and Frontiers of the Right to Disconnect: Comparative Remarks, I. Marín Alonso, M.T. Igartua Mirό, C. Solís Prieto (eds.), Digitalizaciόn, Desarrollo Tecnolόgico y Derecho del Trabajo: Nuevas Perspectivas de Sostenibilidad, Aranzadi, 2022, 227.
7) The making of Collective Labor Law. Continental Europe and UK
Materials: Slides; A. Jacobs, Collective Self-Regulation, B. Hepple (ed.), The Making of Labour Law in Europe, Hart, 1986, 193.
8) Collective bargaining, minimum wage policies and the regulation of industrial action in a comparative perspective
Materials: Slides.
9) Employee Involvement in the management of companies
Materials: Slides; M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459.
10) Dismissal law in a comparative perspective
Materials: Slides; M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7; M. Kittner, T.C. Kohler, Conditioning Expectations: The Protection of the Employment Bond in German and American Law, Comparative Labor Law & Policy Journal, 2000, 21, 263.
Materials: Slides; O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1.
2) Whom is Labor Law for? The evolution of the Contract of Employment
Materials: Slides; B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (ed.), The Making of Labour Law in Europe, Hart, 1986, 31; M. Biasi, An Essay on Liberty, Freedom and (Decent) Work, in Int. Journ. Comp. Lab. Law & Ind. Rel., 2022, 38, 3, 359.
3) The «crisis» of the employment relationship and the re-discovery of Self-employment
Materials: Slides; G. Davidov, M. Freedland and N. Kountouris, The subjects of labor law: 'Employees' and other workers, M.F. Finkin and G. Mundlak (eds.), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115.
4) Labour Law protections in the "platform economy"
Materials: Slides; M. Biasi, Beyond Employment: the Protection of Platform Workers in a Holistic Perspective, A. Lo Faro (ed.), New Technology and Labour Law. Selected topics, Giappichelli, 2023, 139; M. Biasi, "We Will All Laugh at Gilded Butterflies". The Shadow of Antitrust Law on the Collective Negotiation of Fair Fees for Self-Employed Workers, European Labour Law Journal, 2018, 9, 4, 354.
5) Work in the Metaverse and Labour Law Protections
Materials: Slides;
6) The Right to Disconnect in the Digital Age
Materials: Slides; M. Biasi, Boundaries and Frontiers of the Right to Disconnect: Comparative Remarks, I. Marín Alonso, M.T. Igartua Mirό, C. Solís Prieto (eds.), Digitalizaciόn, Desarrollo Tecnolόgico y Derecho del Trabajo: Nuevas Perspectivas de Sostenibilidad, Aranzadi, 2022, 227.
7) The making of Collective Labor Law. Continental Europe and UK
Materials: Slides; A. Jacobs, Collective Self-Regulation, B. Hepple (ed.), The Making of Labour Law in Europe, Hart, 1986, 193.
8) Collective bargaining, minimum wage policies and the regulation of industrial action in a comparative perspective
Materials: Slides.
9) Employee Involvement in the management of companies
Materials: Slides; M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459.
10) Dismissal law in a comparative perspective
Materials: Slides; M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7; M. Kittner, T.C. Kohler, Conditioning Expectations: The Protection of the Employment Bond in German and American Law, Comparative Labor Law & Policy Journal, 2000, 21, 263.
Prerequisites for admission
It is recommended - but not strictly mandatory - that the enrolled student previously passed the exam of his/her Domestic Labour Law.
Teaching methods
Traditional lecture, during which the Instructor invites the students to raise questions and to actively contribute with their personal observations on the course topics.
Teaching Resources
Course Materials (including the Slides), which are the same for attending and non-attending students, are those listed above and they will be uploaded on ARIEL.
Attendants are supposed to read the teaching materials in advance as to actively contribute to the class discussion.
Attendants are supposed to read the teaching materials in advance as to actively contribute to the class discussion.
Assessment methods and Criteria
The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and 2 open questions (0-5 points each), whereby the candidate is supposed to show his/her critical reasoning capacity and the development of the skills to properly apply the comparative methodology to the labour law institutions analyzed during the Course; during the pandemic emergency phase, the written examination is replaced by an oral examination (see supra);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score, depending on the capacity to correctly apply the comparative methodology and on the quality of the class speech.
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and 2 open questions (0-5 points each), whereby the candidate is supposed to show his/her critical reasoning capacity and the development of the skills to properly apply the comparative methodology to the labour law institutions analyzed during the Course; during the pandemic emergency phase, the written examination is replaced by an oral examination (see supra);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score, depending on the capacity to correctly apply the comparative methodology and on the quality of the class speech.
Educational website(s)
Professor(s)
Reception:
The Instructor is available for office hours on Microsoft Teams at the time agreed with the students via e-mail. The instructor is also available for a meeting in person in his office.
Department of Legal Studies "Cesare Beccaria" - Section of Canon Law and of Labour Law