Trade Union and Industrial Relations Law

This course aims to explore contemporary trade union law by placing the enterprise at the center—as a space where production needs, technological innovation, and workers' fundamental rights intersect. The objective is to provide students not only with a theoretical and legal framework but also with critical tools for analyzing real-life situations, particularly through the discussion of significant company case studies.

Following an introductory presentation of the course and its goals, we will begin with a structured review of foundational concepts: trade union freedom as a constitutional right, Article 39 of the Italian Constitution (especially the regulation of collective bargaining agreements and their subjective and objective effectiveness), and the judicial protection of collective interests.

We will then focus on the constitutional principles underpinning trade union intervention in business decisions, particularly Article 3(2) and Article 46 of the Constitution. Special attention will be given to the doctrinal debate on the relationship between these two provisions and to the concept of industrial democracy, understood as a field for reflecting on workers' participation in corporate governance.

A core section of the course will be dedicated to the historical evolution of so-called "trade union control rights," viewed in light of Legislative Decree No. 25 of February 6, 2007, which implements EU Directive 2002/14/EC. This legislative framework will serve as a starting point to explore the role of trade union information rights in business decision-making processes.

The second half of the course will be strongly practice-oriented, focusing on corporate production and strategic policies. Key topics will include corporate restructuring, collective redundancies, relocation, and plant closures—with specific reference to Article 9 of the national collective agreement for the metalworking sector. Case discussions will play a central role here, including the GKN case (Campi Bisenzio), the Warstila case, and the Caterpillar case. These real-world examples will serve as opportunities for group debate and practical reflection on the scope and limits of trade union action during corporate crises.

We will then address issues related to technological innovation and organizational transformation. Students will examine the legal tools available to trade union representatives in the face of new technologies such as artificial intelligence and automated systems, focusing on Article 1-bis of the Workers' Statute, the European directive on platform work, and issues of privacy and remote performance monitoring. Another key focus will be the use of legal procedures under Article 28 of the Workers' Statute in cases of algorithmic discrimination and the related evidentiary challenges.

Finally, the course will explore the delicate balance between trade union information rights and trade secrets, concluding with a reflection on organizational participation as a forward-looking dimension of trade union engagement within the modern enterprise.

The course combines rigorous legal analysis with a strongly practice-oriented approach, including seminars, case law analysis, and open discussions on major cases in the current Italian industrial relations landscape.