Advanced labour law

A.A. 2019/2020
6
Crediti massimi
40
Ore totali
SSD
IUS/07
Lingua
Inglese
Obiettivi formativi
The Course is aimed at providing students with an expertise in the correct use of the comparative method in the employment and labour law field. The Course intends to overview the most significant laws, statutes and practises in the work environment in EU and USA legal systems, making the students able not only to know the differences in the regulation but also to understand their effects and impact on management of human resources.
Risultati apprendimento attesi
At the end of the course students are expected :
- to know the regulation - both at supra-national and national level in EU and USA context - of the most relevant matters of employment contract: hiring, dismissal, fixed term contract, temporary work contracts, self or semi-self employment contract, pay, transfer of undertaking, no discrimination, health and hygiene protection;
- to be able to manage an employment relationships for aspects concerning the above said matters;
- to be able to understand, assess and foresee organizational effects, costs and possible legal risks because the management of the above said matters of employment contract
Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
Secondo trimestre
Programma
1. Comparative law and comparative method; measurability of employment protection regimes: Introduction; 2. Trade Unions, Freedom of association and the legality of security clause agreements: a comparative pespective (US, UK, China, France, Germany, Italy, Spain); 3. Collective bargaining: role, function, levels and legal effects in a comparative perspective (US, UK, China, France, Germany, Italy, Spain); 4. Right to strike (Constitutionalization vs. non constitutionalization) in a comparative perspective (US, UK, China, France, Germany, Italy, Spain); 5. Employment and self-employment in the Gig Economy (US, UK, France, Germany, Italy, Spain); 6. Individual dismissal, its impact on firms' decision-making process and the recent dismissal law reforms (US, UK, France, Germany, Italy, Spain); 7. The concept of employer (US, UK, France, Germany, Italy, Spain; 8. Workers participation in the decision-making process (US, UK, France, Germany, Italy, Spain, China, Japan).
Prerequisiti
Nessuno
Metodi didattici
The course is entirely taught in English language with the support of power point presentations. Attending students are required to actively contribute to the discussion and to give short presentation concerning specific judgments, articles and other teaching materials. In the light of the strong participation of Erasmus students, students are invited to explain their different legal perspectives and interpretations of some common problems and issues.
Materiale di riferimento
Slides presented in class; M. Finkin, F. Mundlack, Comparative Labor Law; Elgar, 2015; further readings and specif judgments will be suggested in the lectures.
Modalità di verifica dell’apprendimento e criteri di valutazione
For attending students, this subject is examined by a takehome paper on one topic to be chosen among three. The paper is of maximum 5.000 words and must be sent before the exam and discussed during the exam. Class participation and specific presentations are also strongly considered.
The exam aims to verify that the student has acquired the knowledge contained in the programme. The takehome paper allows to ascertain whether they have become able to use, understand and interpret, also in a critical perspective, the different sources of law in a comparative perspective. Also, the takehome paper allows student to carry out, individually, a scientific research in English language, learning how to use the library resources and to use the databases of different Countries and legal systems. Last, both the written examination and the class presentation allow to understand whether students have aquired the sensibility to understand how specific topic and issues (e.g. the right to strike, the individual dismissal, the collective bargaining) have different legal regulations according to the different economic, social and political context which is involved.
IUS/07 - DIRITTO DEL LAVORO - CFU: 6
Lezioni: 40 ore
Siti didattici
Docente/i
Ricevimento:
venerdì: ore 14.30-16.30
Stanza 12 - 2° piano