LABOUR LAW

Academic year and teacher
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Versione italiana
Academic year
2017/2018
Teacher
GIAN GUIDO BALANDI
Credits
9
Didactic period
Secondo Semestre
SSD
IUS/07

Training objectives

The course is finalized to students learning contents and problematic issues of labour law. Both dimensions of Labour Law – the individual one: employment contract – and the collective one: unions rule and activity – will be studied, starting form their interaction, which is the peculiar characterizing element of this subject matter. The approach will be critic and systemic, developing in a study in depth also of practical profiles. The purpose of such a program is to supply the abilities necessaries for careers as legal operators in private and public employment, capable therefore to interpret and apply the complex labour legislation in an European contest.

Prerequisites

Students must have a good knowledge of the general principles and most important issues of private law, of the sources of Italian legal order, also in relation with the EU one, and of the Constitution. The student must have passed two examinations before sitting for the exam of Labour Law: Constitutional Law and institution of Private Law.

Course programme

The course is organized in a series of lectures devoted to main problems of labour law in its collective and individual dimensions, after having devoted some hours (3 hs) to the retrieval of legal sources and literature. In this frame of reference, questions referred to the historical background of the Constitution as source of law, and of the sources of EU law, will be dealt with analytically. The relationship between labour law and labour market legislation and the one between individual and collective autonomy (contractual capacity) will follow, being the founding pillars of the detailed legislation (12 hs).Theoretical and practical issues will be analyzed and discussed as regards collective bargaining and retribution, strike in general and in essential public services (15 hs). From the point of view of the individual employment contract the issues analyzed will be: hiring procedures; typologies of labour contracts and apprenticeship; obligations of the employee and powers of the employer; terms of employment and working conditions; working time; equality of treatment and discrimination; termination of employment and dismissal (18 hs). As far as undertaking crisis situations are concerned, will be paid attention to: collective dismissals; transfer of undertaking; posted workers; rights protection (12 hs). Some lectures could be organized with the active participation of students, discussing cases proposed by the teaching staff.

Didactic methods

The course will consist of lectures devoted to the analysis and study in depth of interpretation and and application questions of the present discipline in the Italian legal system. Seminars will be organized to discuss practical cases, jurisprudence and administrative questions, with the participation of practitioners and expert operators. The following issues will particularly dealt with: cost of labour; employment services; the “re-employment contract”; disciplinary procedures; remote control of workers; tasks and employee mobility; conciliation and procedure of opposition to dismissal; collective and administrative procedures in redundancies and transfer of undertakings.

Learning assessment procedures

The exam will be prevalently oral and it is aimed at ascertaining the full knowledge and understanding of labour law main themes and the ability of the student to discuss interpretation and practical issues. In agreement with the students and with the collaborators written elaboration of cases could be organized. Normally it will consists of three questions, and the final evaluation will be the average of the evaluation of each answer. In case of written elaboration it will substitute for one of the oral questions

Reference texts

According to the sections dealt with during the course, the students can use one, or more, of the following handbooks, in the latest edition available. Other materials can be supplied during the course
Ballestrero M.V., Diritto sindacale, Torino: Giappichelli.
Ballestrero M.V. – De Simone G., Diritto del lavoro, Torino: Giappichelli.
Del Punta R., Diritto del lavoro, Milano: Giuffré.
Giugni G., Diritto sindacale, Bari: Cacucci
Mazzotta O., Diritto sindacale, Torino: Giappichelli.
Mazzotta O., Manuale di diritto del lavoro, Padova: Cedam.
Roccella M., Manuale di diritto del lavoro, Torino: Giappichelli.
Per i cenni al diritto del lavoro dell’Unione Europea:
Izzi D. e Roccella M., Lavoro e diritto nell’Unione Europea, Padova: Cedam (parte I e parte II, esclusi § § 7.1, 7.2, 8.1, 8.2, 9.1, 9.2).