Labour Law in Business Risk Management
A.Y. 2025/2026
Learning objectives
The course, starting from an analysis of national and Euro-Union sources, aims to provide students with the most significant notions of labour law concerning the responsibility and risks associated with the management of enterprises. Enhancing the connection between law and economics, special attention will be paid to the analysis of labour contracts and tools for the management and organization of labour activity, especially during business crises.
The student, in order to successfully pass the exam, must be able to demonstrate knowledge and understanding of the profiles of the discipline of labour law and risks related to the management of enterprises as well as to apply the knowledge acquired in the resolution of legal cases proposed by the lecturer. Students are, in addition, required to demonstrate that they have acquired sufficient argumentative skills and adequate legal language property to enable them to communicate with specialized interlocutors. Finally, the student must demonstrate the ability to study the discipline of labour law and risks related to the management of enterprises with a high level of autonomy.
The student, in order to successfully pass the exam, must be able to demonstrate knowledge and understanding of the profiles of the discipline of labour law and risks related to the management of enterprises as well as to apply the knowledge acquired in the resolution of legal cases proposed by the lecturer. Students are, in addition, required to demonstrate that they have acquired sufficient argumentative skills and adequate legal language property to enable them to communicate with specialized interlocutors. Finally, the student must demonstrate the ability to study the discipline of labour law and risks related to the management of enterprises with a high level of autonomy.
Expected learning outcomes
Specific learning objectives defined on the basis of the five Dublin descriptors.
- Knowledge and ability to understand: the student, for the purpose of successfully passing the exam, must be able to demonstrate knowledge and understanding of the discipline of labour law and the risks associated with business management.
- Application skills: the student must demonstrate through the practical cases examined in class the ability to apply the concepts learned to concrete situations.
- Autonomy of judgment: the student must demonstrate, in the course of the lectures and the profit examination, that he/she has developed legally grounded critical positions in relation to the topics of the course.
- Communication skills: the student must demonstrate that he/she has matured sufficient argumentative skills and adequate language property with regard to the topics covered in the course that enables him/her to communicate with specialized interlocutors.
- Ability to learn: the student must demonstrate that he/she has developed an adequate ability to understand the evolution of the labour discipline and its main interpretative issues that enables him/her to study the legal institutions with a high degree of autonomy.
- Knowledge and ability to understand: the student, for the purpose of successfully passing the exam, must be able to demonstrate knowledge and understanding of the discipline of labour law and the risks associated with business management.
- Application skills: the student must demonstrate through the practical cases examined in class the ability to apply the concepts learned to concrete situations.
- Autonomy of judgment: the student must demonstrate, in the course of the lectures and the profit examination, that he/she has developed legally grounded critical positions in relation to the topics of the course.
- Communication skills: the student must demonstrate that he/she has matured sufficient argumentative skills and adequate language property with regard to the topics covered in the course that enables him/her to communicate with specialized interlocutors.
- Ability to learn: the student must demonstrate that he/she has developed an adequate ability to understand the evolution of the labour discipline and its main interpretative issues that enables him/her to study the legal institutions with a high degree of autonomy.
Lesson period: Second semester
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
Second semester
Course syllabus
The course, starting from an analysis of national and European sources, delves into the study of labour law with specific reference to the responsibilities and risks connected to the management of companies. Valuing the connection between law and economics, particular attention will be paid to the analysis of employment contracts and tools for managing and organizing work activities as well as welfare and social safety nets provided for by the legislator, even in the event of business crises.
Teaching methods
Traditional lecture. Seminars and inquiries might be organized in view of the analysis of specific topics.
Teaching Resources
Attending students are required to prepare for the examination on the material indicated by the teachers and published on the Ariel platform.
Non-attending students are required to prepare the exam on the material indicated below:
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, vol. 1, Il diritto sindacale, IX ed., UTET, 2023.
1. Introduction. Business management and comparison with the trade unions.
2. Industrial relations, collective bargaining and risk management.
Chap. V (pp. 105-121)
Chap. VII (pp. 162-194)
Chap. XII, Sec. B (pp. 362-392)
3. Freedom to choose the collective agreement and the preferential rules for the most representative collective bargaining.
Chap. VI, §§ 1, 2, 3, 9, 13 (pp. 124-130; 144-146; 152-153);
Chap. X, §§ 1-2 (pp. 248-260)
4. Business management and anti-union conduct pursuant to art. 28 of the Workers' Statute
Chap. VIII (pp. 199-217)
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, vol. 2, Il rapporto di lavoro subordinato, XI ed., UTET, 2022.
5. Business risks, individual autonomy and qualification of the employment relationship.
Chap. II, §§ 1-6 (pp. 58-85)
6. The "Certification" of employment contracts.
Chap. II, § 3 (pp. 66-70).
7. The so-called "Accordi di prossimità" as a tool for adapting legislation to business needs.
Vol. 1, Chap. X, Sec. C (pp. 275-288)
8. Employers and managers in business risk management. Powers and responsibilities.
Chap. VI, Sec. A (pp. 246-264)
9. Human Resources Management. Focus on Ius variandi and Power of Control.
Chap. IV, §§ 5, 6, 7, 8, 9 (pp. 177-194)
Chap. VI, Sec. B (pp. 273-287)
10. Disciplinary power between codes, relevance of employees' extra-work conduct and reputational risks for the company.
Chap. VI, Sec. C (pp. 288-297)
Chap. X, §§ 4-5 (pp. 458-465)
11. Corporate regulations, corporate social responsibility and non-discrimination law.
Chap. VI, Sec. A, § 7 (pp. 264-273)
12. Health and safety at work: general profiles; Focus on risk assessment, employer obligations and risk of suspension of business activity pursuant to art. 14 Legislative Decree 81/2008.
Chap. VII, §§ 1, 2, 3, 4 (pp. 304-326)
13. Corporate compliance and "organizational fault" pursuant to art. 30 of the Legislative Decree no. 231-2001.
Chap. VII, § 5 (pp. 326-329)
14. Whistleblowing.
Chap. V, § 3 (pp. 202-203) + G. Cossu, Il diritto a segnalare: la nuova normativa in materia di whistleblowing. Il Decreto Legislativo 10 marzo 2023, n. 24, in LDE, 2023, 2.
15. Reorganization of company employees and collective confrontation in the management of economic and employment crises. The hypothesis of worker' buyout.
Chap. IX, Sec. B (pp. 415-430)
Chap. X, Sec. B, § 7 (pp. 542-543)
16 Individual and collective dismissals for economic reasons.
Chap. X, Sec. A, § 6 (pp. 466-470)
Chap. X, Sec. B (pp. 530-543)
17. Transfer of business: general profiles and focus on the business crisis.
Chap. XI, § 2, (pp. 565-576) + A. Menicatti, L'effetto circolatorio dell'impresa in crisi: profili giuridici connessi ai rapporti di lavoro e relativa gestione, LDE, 2025, 1.
I. Alvino, L. Imberti, R. Romei, La gestione dei rapporti di lavoro nelle crisi d'impresa: prima e dopo il Codice della crisi d'impresa e dell'insolvenza, Giuffré, 2023.
18. The Code of Business Crisis, Continuation of Business and Workers' Interests.
Suggested reading: R. Romei, Dialettica e conflitto tra interessi nelle procedure di gestione delle crisi di impresa (pp. 1-20)
19. Dismissal and withdrawal pursuant to art. 189 of the Code of Business Crisis.
Suggested reading: M. Simeon, Recesso ex art. 189 C.C.I.I. e tutela del lavoratore (pp. 193-226)
20. Employment relationships in the arrangement with creditors and in judicial liquidation.
Suggested reading: E. Gragnoli, Il concordato preventivo e i rapporti di lavoro subordinato e autonomi (pp. 227-244) and S. Bellomo, L. Rocchi, La sorte dei rapporti di lavoro subordinato ed autonomo nella liquidazione giudiziale (pp. 265-288)
21. Extraordinary administration and social safety nets.
Suggested reading: M. Marazza, Amministrazione straordinaria (pp. 307-332)
The study of the material must be accompanied by rigorous direct learning of the provisions of the Constitution, the civil code and the fundamental special laws referred to in the matter. To this end, it is advisable to make use in the study of an updated collection of labour law legislation.
Non-attending students are required to prepare the exam on the material indicated below:
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, vol. 1, Il diritto sindacale, IX ed., UTET, 2023.
1. Introduction. Business management and comparison with the trade unions.
2. Industrial relations, collective bargaining and risk management.
Chap. V (pp. 105-121)
Chap. VII (pp. 162-194)
Chap. XII, Sec. B (pp. 362-392)
3. Freedom to choose the collective agreement and the preferential rules for the most representative collective bargaining.
Chap. VI, §§ 1, 2, 3, 9, 13 (pp. 124-130; 144-146; 152-153);
Chap. X, §§ 1-2 (pp. 248-260)
4. Business management and anti-union conduct pursuant to art. 28 of the Workers' Statute
Chap. VIII (pp. 199-217)
F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, vol. 2, Il rapporto di lavoro subordinato, XI ed., UTET, 2022.
5. Business risks, individual autonomy and qualification of the employment relationship.
Chap. II, §§ 1-6 (pp. 58-85)
6. The "Certification" of employment contracts.
Chap. II, § 3 (pp. 66-70).
7. The so-called "Accordi di prossimità" as a tool for adapting legislation to business needs.
Vol. 1, Chap. X, Sec. C (pp. 275-288)
8. Employers and managers in business risk management. Powers and responsibilities.
Chap. VI, Sec. A (pp. 246-264)
9. Human Resources Management. Focus on Ius variandi and Power of Control.
Chap. IV, §§ 5, 6, 7, 8, 9 (pp. 177-194)
Chap. VI, Sec. B (pp. 273-287)
10. Disciplinary power between codes, relevance of employees' extra-work conduct and reputational risks for the company.
Chap. VI, Sec. C (pp. 288-297)
Chap. X, §§ 4-5 (pp. 458-465)
11. Corporate regulations, corporate social responsibility and non-discrimination law.
Chap. VI, Sec. A, § 7 (pp. 264-273)
12. Health and safety at work: general profiles; Focus on risk assessment, employer obligations and risk of suspension of business activity pursuant to art. 14 Legislative Decree 81/2008.
Chap. VII, §§ 1, 2, 3, 4 (pp. 304-326)
13. Corporate compliance and "organizational fault" pursuant to art. 30 of the Legislative Decree no. 231-2001.
Chap. VII, § 5 (pp. 326-329)
14. Whistleblowing.
Chap. V, § 3 (pp. 202-203) + G. Cossu, Il diritto a segnalare: la nuova normativa in materia di whistleblowing. Il Decreto Legislativo 10 marzo 2023, n. 24, in LDE, 2023, 2.
15. Reorganization of company employees and collective confrontation in the management of economic and employment crises. The hypothesis of worker' buyout.
Chap. IX, Sec. B (pp. 415-430)
Chap. X, Sec. B, § 7 (pp. 542-543)
16 Individual and collective dismissals for economic reasons.
Chap. X, Sec. A, § 6 (pp. 466-470)
Chap. X, Sec. B (pp. 530-543)
17. Transfer of business: general profiles and focus on the business crisis.
Chap. XI, § 2, (pp. 565-576) + A. Menicatti, L'effetto circolatorio dell'impresa in crisi: profili giuridici connessi ai rapporti di lavoro e relativa gestione, LDE, 2025, 1.
I. Alvino, L. Imberti, R. Romei, La gestione dei rapporti di lavoro nelle crisi d'impresa: prima e dopo il Codice della crisi d'impresa e dell'insolvenza, Giuffré, 2023.
18. The Code of Business Crisis, Continuation of Business and Workers' Interests.
Suggested reading: R. Romei, Dialettica e conflitto tra interessi nelle procedure di gestione delle crisi di impresa (pp. 1-20)
19. Dismissal and withdrawal pursuant to art. 189 of the Code of Business Crisis.
Suggested reading: M. Simeon, Recesso ex art. 189 C.C.I.I. e tutela del lavoratore (pp. 193-226)
20. Employment relationships in the arrangement with creditors and in judicial liquidation.
Suggested reading: E. Gragnoli, Il concordato preventivo e i rapporti di lavoro subordinato e autonomi (pp. 227-244) and S. Bellomo, L. Rocchi, La sorte dei rapporti di lavoro subordinato ed autonomo nella liquidazione giudiziale (pp. 265-288)
21. Extraordinary administration and social safety nets.
Suggested reading: M. Marazza, Amministrazione straordinaria (pp. 307-332)
The study of the material must be accompanied by rigorous direct learning of the provisions of the Constitution, the civil code and the fundamental special laws referred to in the matter. To this end, it is advisable to make use in the study of an updated collection of labour law legislation.
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
Professors:
Boscati Alessandro, Corso Stefano Maria
Professor(s)