Learning objectives
- Knowledge and understanding skills: at the end of the course, students are expected to acquire the tools for understanding the rules governing employment relationships in their individual and collective aspects and to gain a comprehensive knowledge of labour law, with particular reference to some aspects of policy of law, and to gain an advanced knowledge of the main topics.
- Practise knowledge and understanding skills: at the end of the course, students are expected to be able to use the knowledge gained to analyse legal documents (laws, collective agreements, sentences) and, therefore, to handle case studies regarding the staff management and industrial relations.
- Making judgments: at the end of the course, students are expected to read and interpret critically the topics dealt with, combining both the knowledge gained and their own point of view. This means that they will be able to manage different aspects of the subject autonomously and critically.
- Comunication skills: at the end of the course, students are expected to express themselves clearly and properly and to use the technical-legal language of the subjects.
- Learning skills: at the end of the course, students are expected to develop their understanding skills and to acquire, autonomously, professional skills necessary to enter the labour market.
Prerequisites
Course unit content
Course’s syllabus consists of the following items: Historical framework of
Italian trade union law, since pre-corporative trade union law system, to
its post-corporative evolution. Trade union organization: trade union as
association and “most representative” trade union. «Union rights».
Industrial democracy. Collective relationships’ self-government .
Typologies of collective agreement and the structure of collective
bargaining. Contractual autonomy and legislation. Conflict’s
institutionalization and self-regulation procedures. The role of legislation.
Collective actions and public authority intervention. The repression of
behaviours addressed to hamper union’s freedom. Historical framework
of employment contract in Italy. Evolution trends of modern labour law.
Employment and quasi-dependent work. Normative prototype and nonstandard
contracts. The stipulation and administration of employment
relationship. Legal concerns of the protection of worker’s person.
Employer’s powers within employment relationship. Wages and labour’s
cost: regulative methods and techniques. Transfer of undertaking.
Intervening impossibility of performance and employment relationship’s
suspension. Voluntary withdrawal and employment relationship’s
stability. The legal model of bound dismissal and judicial control.
Mandatory protection of workers: renunciations, transactions,
prescriptions and foreclosures, liens and the Fondo di garanzia. Judicial
protection of rights: labour trial; proceedings about dismissals.
Full programme
Bibliography
Mazzotta, Diritto sindacale, Giappichelli, 2021
Ghera, Garilli, Garofalo, Lineamenti di diritto del lavoro, Giappichelli, 2023
Teaching methods
The course will take place in person according to the calendar and timetable of the lessons.
The course consists of frontal lessons. During the didactic activity, the peculiarities of each institute will be point out and the general issues connected to their practical application and to trends case law will be discussed.
The teaching materials (slides, sentences, etc.) used during the lessons will be uploaded to the elly platform on a weekly basis
Assessment methods and criteria
The exam consists of an oral test.
The final exam consists in a oral test based on rather three different questions in order to verify:
- The knowledge and the comprehension of the contests of the course;
- The knowledge of the doctrinal and case law matters;
- The capability of solving concrete cases.
- The use of an appropriate technical and legal language.
The vote will be awarded according to the following value system:
Below 18/30 – insufficient level: the student does not achieve any of the learning outcomes included in the "Knowledge and understanding skills" paragraph;
18-20/30 – sufficient level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph;
21-20/30 – fully sufficient level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph and "Practise knowledge and understanding skills" paragraph;
24-26/30 – good level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph and “Self-assessment” paragraph;
27-29/30 – very good level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph, “Self-assessment” paragraph and “Communication skills” paragraph;
30/30 cum laude: excellent level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph, “Self-assessment” paragraph, “Communication skills” paragraph and “Understanding skills” paragraph.
Attending students will be able to take the exam in two partial written tests, with multiple choice questions, concerning the topics covered during the course, the outcome of which will form the basis of the final evaluation.
The date, the topics covered by the partial tests and the procedures will be defined during the lessons. The final grade will be the result of the weighted average of the marks obtained in the partial tests. The vote can be increased through a further oral examination. The results of the partial tests will be announced through publication on the Elly platform.
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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