Learning objectives
At the end of the course the student must be able to:
know the fundamental principles of trade union law, the individual employment relationship, and the regulation of the labor market;
understand the distinction between employee and self-employment;
know the rights of the worker, and the powers and prerogatives of the employer;
know the negotiation models through which the hiring of the workforce is carried out;
understand the main critical issues related to the performance and termination of the employment relationship
Prerequisites
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Course unit content
The course deals with the main legal institutions of trade union law and the individual working relationship. The program is divided into the following points: history and evolution of trade union law; trade union freedom; the trade union organization and the collective representation of workers within the company; trade union rights; the collective agreement; strike; history and evolution of the employment relationship discipline; Employment, quasi-dependent work and self-employed work; the establishment and administration of the employment relationship; powers and duties of the parties; withdrawal and dismissal; flexible contractual types; organization and regulation of the labor market.
Full programme
The Sources of labour law
Trade unions’ organization
Collective organizations of employers
The freedom of employees to take part to a trade unions and to their collective actions
Collective bargaining
Strike
Distinction between employment and self-employment work
Object of the employment contract (tasks and jus variandi)
Powers of the employer
Duties of employees
Workers’ remuneration
Working time limits
Workers’ leaves, with particular regard to maternity and parental leaves
Antidiscrimination labour law
The termination of the employment relationship: individual dismissals; collective redundancy; workers’ resignation
Severance pay
The labour market
Temporary agency work
Non – standard employment contracts
The so-called “special” contracts of employment
The so-called special employment contracts:
- Work in cooperatives
- Free, family and voluntary work
- The work of minors
The labor market, with particular reference to the work of the disabled and social safety nets
Bibliography
Gaeta L. (2020), Appunti dal corso di diritto del lavoro, Giappichelli, Torino. In particular, the fallowing chapters I, II, III, IV, V, VI, VII, VIII, IX, X, XIV, XV, XVI, XVII, XVIII, XX, XXI.
Teaching methods
The course is divided into frontal lessons. During the frontal lessons the characteristics of each institution will be highlighted and the main issues related to their application and any jurisprudential orientations will be discussed.
Assessment methods and criteria
The achievement of the course objectives is ascertained through an oral exam. During the exam, the student will be asked at least two questions aimed at verifying the knowledge and understanding of the course contents; knowledge of the doctrinal and jurisprudential elaboration of the institutions treated; the ability to resolve concrete cases; the use of appropriate technical-legal language. The exam is passed when the student has shown himself able to correctly explain the discipline of the institutes required by the examiner and to apply the theoretical knowledge to concrete cases.
During the course, a written test with multiple choice questions will be held, covering the topics covered during the course, the result of which will form the basis of the final evaluation.
The test can be carried out on Elly, in accordance with the indications coming from the university on carrying out remote tests. All students enrolled on the Elly platform can participate in the partial tests.
Final evaluation will be the result of the test, with the addition of a final oral question in the official exam.
The active participation to the classes, through answering questions and participation to the discussions proposed by the professor, will allow to evaluate the effectiveness of the educating process (and eventually change the didactic approach) and the level of the knowledge achieved by students.
Other information
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2030 agenda goals for sustainable development
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