Advanced labour law

A.A. 2018/2019
Insegnamento per
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. In fact, as authoritatively stated, the comparative method is not strictly a "topic", but rather a method: therefore, the Course does not intend to overview the most significant laws, statutes and practises in the work environment; on the contrary, the intriguing challange of the course is to inquire on the social, historical, environmental grounds that might explain the single country specificities in the work regulation and, thereafter, to critically discuss the potential cross-country transplantition of the legal solutions in the relevant field. Accordingly, the students are supposed to give evidence, not only of their knowledge of the legal institutions that we will be analyzed during the whole Course, but also their ability to correctly apply the comparative method in the effort to underline the convergences and the divergences (and their possible explanations) in the different legal solutions enacted at national level.

Struttura insegnamento e programma

Edizione attiva
Responsabile
IUS/07 - DIRITTO DEL LAVORO - CFU: 6
Lezioni: 40 ore
Docente: Biasi Marco
STUDENTI FREQUENTANTI
Programma
1. Introduction to Civil Law and Common Law Legal Systems. Labour Law and the Comparative Method;
2. Whom is Labor Law for? The evolution of the Contract of Employment;
3. The «crisis» of the employment relationship and the re-discovery of Self-employment;
4. The notion of the Employer; The making of Collective Labor Law. Continental Europe and UK;
5. Centralized and decentralized models of collective bargaining, minimum wage policies and the regulation of industrial action;
6. Collective Labor Law in the US and the FIAT/Chrysler Case;
7. Employee Involvement in the management of companies;
8. Dismissal law in a comparative perspective.
Informazioni sul programma
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.
In fact, as authoritatively stated, the comparative method is not strictly a "topic", but rather a method: therefore, the Course does not intend to overview the most significant laws, statutes and practises in the work environment; on the contrary, the intriguing challange of the course is to inquire on the social, historical, environmental grounds that might explain the single country specificities in the work regulation and, thereafter, to critically discuss the potential cross-country transplantition of the legal solutions in the relevant field.
Accordingly, the students are supposed to give evidence, not only of their knowledge of the legal institutions that we will be analyzed during the whole Course, but also their ability to correctly apply the comparative method in the effort to underline the convergences and the divergences (and their possible explanations) in the different legal solutions enacted at national level
Propedeuticità
European and Comparative Labour Law
Prerequisiti e modalità di esame
The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and four open questions (0-3 points each);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score.
Metodi didattici
The teaching approach is based on the circulation among students of selected materials (papers of well-known Scholars, National and International Case-Law) on selected issues of Comparative Employment and Labour Law.
The involvement of students and their active participation in class discussion is highly recommanded.
Materiale didattico e bibliografia
Course Slides;
O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1 ff.;
B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 31 ff.;
Guy Davidov, Mark Freedland and Nicola Kountouris, The subjects of labor law: 'Employees' and other workers, Matthew W. Finkin and Guy Mundlak (edited by), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115 ff.;
L. Corazza, O. Razzolini, Who is an Employer?, WP C.S.D.L.E. "Massimo D'Antona".INT, 2014, 110;
O. Razzolini, Network Forms of Organization and Network Agreements in a Labour Law Perspective: Two Tuscan Case Studies, E. Ales et Alii (edited by), Employment Relations and Transformation of the Enterprise in the Global Economy, Giappichelli, 2016, 67 ff.;
A. Jacobs, Collective Self-Regulation, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 193 ff.;
O. Kahn-Freund, Trade Unions, the Law and Society, Modern Law Review, 1970, 33, 3, 241;
European Court of Human Rights, Associated Society of Locomotive Engineers & Firemen (ASLEF) v United Kingdom, 27th February 2007;
P. De Gioia Carabellese, R.J. Colhoun, G. Zilio Grandi, The Concept of "Protected Trade Dispute" in the UK Legislation: A (Still and Never-Ending) Fashionable Notion to be Exported to the Continent, Despite "Metrobus" and "British Airways"?!, WP Adapt, 2013, 134;
Supreme Judicial Court of Massachusetts, Commonwealth v. Hunt, 45 Mass. 111 (1842);
US Supreme Court, Phelps Dodge Corp. v. NLRB, 313 U.S. 177 (1941);
M. Biasi, Statutory Employee Representation in Italian and US Workplaces: Comparative Analysis of the Fiat/Chrysler Case, in Labor Law Journal, 2015, 4, 233 ff.;
M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459 ff.;
J. Prassl, Employee Shareholder "Status": Dismantling the Contract of Employment, Industrial Law Journal, 2013, 42, 4, 307 ff.;
M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7 ff.
STUDENTI NON FREQUENTANTI
Programma
1. Introduction to Civil Law and Common Law Legal Systems. Labour Law and the Comparative Method;
2. Whom is Labor Law for? The evolution of the Contract of Employment;
3. The «crisis» of the employment relationship and the re-discovery of Self-employment;
4. The notion of the Employer; The making of Collective Labor Law. Continental Europe and UK;
5. Centralized and decentralized models of collective bargaining, minimum wage policies and the regulation of industrial action;
6. Collective Labor Law in the US and the FIAT/Chrysler Case;
7. Employee Involvement in the management of companies;
8. Dismissal law in a comparative perspective.
Prerequisiti e modalità di esame
The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and four open questions (0-3 points each);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score.
Materiale didattico e bibliografia
Course Slides;
O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1 ff.;
B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 31 ff.;
Guy Davidov, Mark Freedland and Nicola Kountouris, The subjects of labor law: 'Employees' and other workers, Matthew W. Finkin and Guy Mundlak (edited by), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115 ff.;
L. Corazza, O. Razzolini, Who is an Employer?, WP C.S.D.L.E. "Massimo D'Antona".INT, 2014, 110;
O. Razzolini, Network Forms of Organization and Network Agreements in a Labour Law Perspective: Two Tuscan Case Studies, E. Ales et Alii (edited by), Employment Relations and Transformation of the Enterprise in the Global Economy, Giappichelli, 2016, 67 ff.;
A. Jacobs, Collective Self-Regulation, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 193 ff.;
O. Kahn-Freund, Trade Unions, the Law and Society, Modern Law Review, 1970, 33, 3, 241;
European Court of Human Rights, Associated Society of Locomotive Engineers & Firemen (ASLEF) v United Kingdom, 27th February 2007;
P. De Gioia Carabellese, R.J. Colhoun, G. Zilio Grandi, The Concept of "Protected Trade Dispute" in the UK Legislation: A (Still and Never-Ending) Fashionable Notion to be Exported to the Continent, Despite "Metrobus" and "British Airways"?!, WP Adapt, 2013, 134;
Supreme Judicial Court of Massachusetts, Commonwealth v. Hunt, 45 Mass. 111 (1842);
US Supreme Court, Phelps Dodge Corp. v. NLRB, 313 U.S. 177 (1941);
M. Biasi, Statutory Employee Representation in Italian and US Workplaces: Comparative Analysis of the Fiat/Chrysler Case, in Labor Law Journal, 2015, 4, 233 ff.;
M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459 ff.;
J. Prassl, Employee Shareholder "Status": Dismantling the Contract of Employment, Industrial Law Journal, 2013, 42, 4, 307 ff.;
M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7 ff.
Periodo
Secondo trimestre
Periodo
Secondo trimestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi
Siti didattici
Docente/i
Ricevimento:
Giovedì dalle 14.00 alle 16.00
Dipto. di Scienze Giuridiche "Cesare Beccaria" - Sezione di Diritto Ecclesiastico e di Diritto del Lavoro