Labour Law (advanced)
A.Y. 2023/2024
Learning objectives
- Knowledge and ability to understand. The student must demonstrate that he/she has acquired a thorough knowledge of the discipline applicable to the employment relationship, which has been profoundly innovated by recent technological changes.
- Application skills. The student must demonstrate, through the practical cases examined in class, the ability to apply the notions learned to concrete situations.
- Autonomy of judgement. The student has to demonstrate, during the lessons and the exam, to have developed legally founded critical positions in relation to the topics dealt with in the course.
- Communication skills. The student must demonstrate that he/she has developed a sufficient capacity of argument and an adequate command of language in relation to the topics dealt with during the course.
- Ability to learn. The student must demonstrate that he/she has developed an adequate ability to understand the evolution of the labour discipline in the light of the technological evolution and of its main interpretative issues, so as to be able to study the legal institutions with a high degree of autonomy.
- Application skills. The student must demonstrate, through the practical cases examined in class, the ability to apply the notions learned to concrete situations.
- Autonomy of judgement. The student has to demonstrate, during the lessons and the exam, to have developed legally founded critical positions in relation to the topics dealt with in the course.
- Communication skills. The student must demonstrate that he/she has developed a sufficient capacity of argument and an adequate command of language in relation to the topics dealt with during the course.
- Ability to learn. The student must demonstrate that he/she has developed an adequate ability to understand the evolution of the labour discipline in the light of the technological evolution and of its main interpretative issues, so as to be able to study the legal institutions with a high degree of autonomy.
Expected learning outcomes
At the end of the course, the student must be able to pass the exam successfully:
- demonstrate knowledge and understanding of the legal profiles of the discipline of 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.
- demonstrate knowledge and understanding of the legal profiles of the discipline of 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.
Lesson period: Second 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
Second semester
Course syllabus
The labour market is undergoing profound transformations thanks to new technologies applied to production: think of autonomous robots able to adapt their behaviour according to previous experiences; the Internet of things that allows - through the insertion of microprocessors - to make parts of the physical world interacting with each other - machinery, semi-finished products, products - and to provide information to the workers during the execution of the activity; the electronic devices to simulate the performance of the product before its actual realization. These new technologies are profoundly changing the way companies organise and produce and consequently also the way they work: on the one hand the workers' skills are changing, on the other hand the way the employer directs and controls them are changing too.
It is therefore a question of whether the traditional categories and the protections provided for the worker (case in point, remuneration, working hours, health and safety protection, etc.) are adequate to protect him/her in this new scenario. So the problem to face nowadays is which discipline is therefore applicable today to the "new workers" employed in smart factories? What rights do these "new workers" claim? In this scenario, a lunge will be dedicated to work via platform, in the two variants of crowdwork (the most striking example of which is Amazon Turk) and work via app (such as Foodora or Uber). How to frame these forms of work? What safeguards should be given to workers (minimum wages, working hours, health and safety protection, limits to employer control)?
Finally, on the Labour Law front, too, the "new jobs" pose problems: how can the trade union protect workers dispersed throughout the territory, connected only by means of separate and isolated IT tools, whose performance is characterised by strong autonomy?
Analytical programme
The topics deal with in the course are the following:
- work in the "Gig economy" in Italy and abroad: the so-called crowd-work (Amazon Mechanical Turk) and platform work (Foodora cases; Deliveroo; Uber etc.), with particular reference to the qualification of the relationship, the minimum wage, union representation and security.
- "Industry 4.0": study of new organisational models (Eurovetro case), role of the collective agreement, training and variable pay.
- evolution of traditional powers in the light of technological and regulatory developments: the new rules of the employer's ius variandi and the balance between the worker's power of remote control and privacy following the Jobs Act.
- agile work: the right to disconnection and security of smart-workers.
- technological innovation and discipline of dismissal for economic reasons.
Any programs 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 during the course.
It is therefore a question of whether the traditional categories and the protections provided for the worker (case in point, remuneration, working hours, health and safety protection, etc.) are adequate to protect him/her in this new scenario. So the problem to face nowadays is which discipline is therefore applicable today to the "new workers" employed in smart factories? What rights do these "new workers" claim? In this scenario, a lunge will be dedicated to work via platform, in the two variants of crowdwork (the most striking example of which is Amazon Turk) and work via app (such as Foodora or Uber). How to frame these forms of work? What safeguards should be given to workers (minimum wages, working hours, health and safety protection, limits to employer control)?
Finally, on the Labour Law front, too, the "new jobs" pose problems: how can the trade union protect workers dispersed throughout the territory, connected only by means of separate and isolated IT tools, whose performance is characterised by strong autonomy?
Analytical programme
The topics deal with in the course are the following:
- work in the "Gig economy" in Italy and abroad: the so-called crowd-work (Amazon Mechanical Turk) and platform work (Foodora cases; Deliveroo; Uber etc.), with particular reference to the qualification of the relationship, the minimum wage, union representation and security.
- "Industry 4.0": study of new organisational models (Eurovetro case), role of the collective agreement, training and variable pay.
- evolution of traditional powers in the light of technological and regulatory developments: the new rules of the employer's ius variandi and the balance between the worker's power of remote control and privacy following the Jobs Act.
- agile work: the right to disconnection and security of smart-workers.
- technological innovation and discipline of dismissal for economic reasons.
Any programs 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 during the course.
Prerequisites for admission
The knowledge of the Italian Labour Law and Employment Law is required to actively participate to the course.
Teaching methods
Slides will be used to support the lectures (they will be uploaded on the ariel platform https://ariel.unimi.it). Several guests - experts in the topics dealt with in the course - will be invited in order to provide the students with legal issues that emerge in living law.
Teaching Resources
There is no textbook. The professor provides students with both the slides (uploaded on the website https://ariel.unimi.it) which schematically retrace the topics dealt with in class and some material necessary to deepen the issues addressed in class.
Assessment methods and Criteria
The acquisition by the students of the expected learning outcomes will be ascertained through an examination which will be held in oral form with the attribution of a mark in the thirtieth.
In the second part of the course, a case will be proposed, which students, divided into groups, will have to analyse to participate as lawyers in a simulated trial. With the help of some collaborators, the student lawyers of the employee will proceed to the drafting of an appeal and those of the employer to the memory of constitution. The judicial documents will be evaluated by a real judge who will preside over a real hearing in which the opposing parties will present their legal arguments orally. The evaluation of the work carried out during the simulated trial (drafting of court documents and oral presentation) will influence the final examination grade.
For students taking the 9-credit exam, the simulated process (or alternatively the provision of an opinion) is mandatory.
However, students taking the 6-credit exam are invited to participate.
In addition, participation in the simulated process awards 3 training credits for supplementary activities.
In the second part of the course, a case will be proposed, which students, divided into groups, will have to analyse to participate as lawyers in a simulated trial. With the help of some collaborators, the student lawyers of the employee will proceed to the drafting of an appeal and those of the employer to the memory of constitution. The judicial documents will be evaluated by a real judge who will preside over a real hearing in which the opposing parties will present their legal arguments orally. The evaluation of the work carried out during the simulated trial (drafting of court documents and oral presentation) will influence the final examination grade.
For students taking the 9-credit exam, the simulated process (or alternatively the provision of an opinion) is mandatory.
However, students taking the 6-credit exam are invited to participate.
In addition, participation in the simulated process awards 3 training credits for supplementary activities.
Professor(s)
Reception:
da concordare con il docente.