ELEMENTS OF HEALTH LAW AND TRADE UNION LAW IN PUBLIC HEALTH COMPANIES
cod. 1011985

Academic year 2024/25
2° year of course - Second semester
Professors
Academic discipline
Diritto del lavoro (IUS/07)
Field
A scelta dello studente
Type of training activity
Student's choice
48 hours
of face-to-face activities
6 credits
hub:
course unit
in ITALIAN

Learning objectives


The course aims to provide students with the acquisition of knowledge concerning the organization of the National Health Service, with specific reference to the institutional profiles of the Italian public health system, to the actors of the health sector and to the declination of the right to the protection of health.
Furthermore, within the scope of trade union law, the course aims to equip students with the essential knowledge regarding the key elements that characterize industrial relations in public employment.

Prerequisites

Course unit content


The course aims to analyze the most significant aspects of the Health Service as a public service, considering the constitutional rules and principles on which the national and regional legislative discipline is based, through the progressive transition from the traditional National Health Service to the various new ones. regional models.
Particular attention will be paid to the organizational aspects of public health (types of companies and their structure, activities and legal configuration on the basis of national and regional legislation; the contractual activity of the health authorities; management models of the public health service, the essential levels of assistance; forms of protection and guarantee of users, also with a view to the intervention of private subjects in the system of provision of specialist and hospital services).
The complex issue of professional responsibility will then be dealt with in relation to the employment relationship with the public health service.
The course will also cover elements of trade union law, with particular attention to the dynamics characterizing public employment. Within the realm of trade union law, the course will provide students with the opportunity to gain knowledge on the following topics: the birth and evolution of trade unions, Law 300 of 1970, known as the "Workers' Statute," trade union freedom, trade union organizational structures, concepts of representation and representativeness, RSA and RSU, ARAN, levels of collective bargaining, sectors of collective bargaining, national collective labor agreements (CCNL) and supplementary bargaining, industrial relations, trade union rights, the right to strike, and current regulations regarding the protection of maternity and paternity.

Full programme

Part 1

THE NATIONAL HEALTH SERVICE
HEALTHCARE COMPANIES (legal nature, classification, structure, organization)
THE LEGISLATIVE AND CONTRACTUAL REGULATION OF THE EMPLOYMENT RELATIONSHIP IN HEALTHCARE FACILITIES

Part 2

THE RESPONSIBILITIES (CIVIL, ADMINISTRATIVE, ACCOUNTING AND DISCIPLINARY) OF THE HEALTHCARE PERSONNEL)
PROFESSIONAL HEALTH RISK INSURANCE

Part 3

TRADE UNION RELATIONS IN THE NATIONAL HEALTH SERVICE

Elements of TRADE UNION LAW:
- The birth and evolution of trade unions
- Law 300 of 1970 "Workers' Statute"
- Trade union freedom
- Trade union organizational structures
- Concepts of representation and representativeness
- RSA and RSU
- ARAN
- Levels of collective bargaining
- Sectors of collective bargaining
- National Collective Labor Agreements (CCNL) and supplementary bargaining
- Industrial relations
- Trade union rights
- Right to strike
- Current regulations regarding the protection of maternity and paternity

Bibliography


C. BOTTARI, Health protection: work in progress, Giappichelli, 2020. G. CILIONE, Health Law, Maggioli Editore, 2019. CROTTI/GRAZIOSO/PETRAGLIA, TORCHIA, Health responsability in accounting jurisprudence. Legal and medical examiner analysis, Giuffré Editore 2018.


Regarding trade union law: lecture notes by the teacher, CCNL comparto sanità 2019-2021, CCNL Area sanità 2019-2021, www.normattiva.it, www.aranagenzia.it, www.inps.it

Teaching methods


Lectures will be held on-site in compliance with safety standards. Supporting material will be available on the specific, student-reserved platform (Elly).

Assessment methods and criteria


Oral exam

Other information