Employment and Benefits Disputes and Litigation

A.Y. 2023/2024
9
Max ECTS
63
Overall hours
SSD
IUS/15
Language
Italian
Learning objectives
Knowledge and capability of comprehension: the student must prove to have gained the knowledge of the essential principles ruling civil proceedings in labour matters (special proceedings included) and social security matters.
Autonomy of judgement: the student should be able to assume positions based on valid arguments and juridically defensible regarding to the subjects of the course.
Communication abilities: the student must demonstrate to be able to communicate the notions gained with argumentative coherence, systematic thoroughness and a correct use of legal vocabulary.
Capability to learn: the student must prove to have developed specific learning capabilities regarding to the subjects of the course.
Expected learning outcomes
The course is held, as mandatory and characterising course, during the third year of studies and it is one of the mandatory courses for the curriculum aimed at Human resources legal operator and labour consultant. At the end of the course, the student who has learnt the matters at a sufficient level should be able to examine, and deal with, the complex substantial issues related to civil proceedings in labour and social security matters, especially in the perspective of the judicial instruments of protection offered by our legal system (paths, modalities, timing, costs).
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
In the event of any future new emergency health situation, specific indications will be given in relation to the methods of delivery of the training activities for the a.y. 2023/24.
Course syllabus
The process of private employment: disputes, conciliation and arbitration, jurisdiction, first instance judgment, appeals (art. 409 et seqq. c.p.c.). The injunction and the precautionary protection in the field of work. Disputes relating to dismissals (art. 441 bis et seqq. c.p.c.) and the procedure referred to art. 28 Workers Statute. The social security process (Articles 442 - 447 of the Code of Civil Procedure).
Prerequisites for admission
See faculty rules applicable to the specific bachelor degree. In any event, the following are prerequisites to this course: Private Law, Labour Law, Civil Procedural Law. Advanced Labour Law and the course "Atti giuridici e processo civile (lavoro)" are advisable.
Teaching methods
The course will be held through lectures and seminars.
Teaching Resources
G. Tarzia - L. Dittrich, Manuale del processo del lavoro, Milano, Giuffré, latest edition, e
D. Mesiti, Prestazioni previdenziali, Milano, Giuffré, 2019, pp. 151 - 167;
OR: P. Sandulli - A.M. Socci, Il processo del lavoro, Milano, Giuffré, latest edition, First part, chapter I; Part Two, Chapters I to XIII; Part Four, Chapter I, Part Six, Chapters I and II.
OR, G. Tarzia - L. Dittrich, Manuale del processo del lavoro, Milano, Giuffré, latest edition, and, if already published, G. Treglia, Manuale di diritto processuale previdenziale, 2024
Assessment methods and Criteria
The final exam is an oral test and the mark will be up to 30/30 (cum laude, if eligible).
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 9
Lessons: 63 hours