13518 - Advanced Employment Law

Learning outcomes

The course aims to deepen current profiles of labour law with a casuistic and application approach, not without references to the discipline of other jurisdictions.

Course contents

The Course will focus on the main theoretical and practical issues of the subject of individual and collective dismissal - both in the private and public sectors. Special attention will be given to the changes due to recent legislative reforms. In particular, the following topics will be investigated:

1. The termination of the employment relationship in the systematic structure of the Civil Code

2. The principle of obligatory justification of dismissal:

a. the sources of EU and international law;

b. the constitutional frame and the ordinary legislation;

c. the concept of just cause;

d. the discriminatory dismissal

e. dismissal in trend organizations

f. the remaining cases of free dismissal;

g. the balancing between opposing constitutional values within the dismissal for economic reasons;

h. dismissal for disciplinary reasons in the public sector;

i. judicial review of the general clauses on dismissal

2. Forms and procedures of dismissal in the private and public sector.

3. Dismissal and illness. Periods of irrevocability.

4. Collective redundancies

5. The sanctions for unlawful dismissal:

a. economic sanctions and reinstatement;

b. the new art. 18 of the Workers statute;

c. the legislative decree no. 23/2015;

d. the judgments of the Constitutional Court on the legitimacy of the regulations of Article 18 of the Workers' Statute and Legislative Decree No. 23 of 2015, and other relevant rulings;

e. the use of anti discrimination law;

f. the remedies in case of the "non-existence" of the fact in the dismissal for economic reasons;

g. the case law of the Corte di cassazione on the principle of "promptness";

h. remedies in the case of unlawful collective dismissal

5. The issue of the applicability of the amended Article 18 to the public sector; the new remedial regime for unlawful dismissal in the public sector.

6. Procedural aspects of the appeal against dismissal

Notes for Erasmus students: Erasmus students from abroad are expected to prepare the same programme of study.

Readings/Bibliography

The suggested texts for the exam are as follows:

Luciani V., I licenziamenti individuali nel privato e nel pubblico, Giappichelli 2024.

Carinci, De Luca Tamajo, Tosi, Treu, Diritto del lavoro - Il rapporto di lavoro subordinato, vol 2, Utet, 2022, limited to chapter 10 section B (pp. 530 - 551), or the chapter on collective dismissals from another updated textbook.

Teaching methods

The lessons will be conducted by the Course instructor and will take place in the first semester.
The teaching will be divided into lectures and discussion sessions between the instructor and the students, with particular reference to case law, to encourage the involvement and active participation of all attendees.
Practical exercises and one or more mock trials will be organized. Given the Course's focus, which will extensively discuss case law on the topic of dismissals, active participation is particularly important for a thorough understanding of the legal principles.

Assessment methods

The exam will be conducted through an oral interview, aimed at verifying the acquisition of knowledge, and will consist of multiple questions concerning the aforementioned program (section "Course contents").

The outcome of the final exam will mainly depend on:

- being familiar with the main concept within the subject matter of individual and collective dismissal;

- being familiar with the recent reforms on the issue;

- being familiar with the main case law on the issue;

- good communication skills.

Graduation of the final valuation:

- Lack of knowledge on basic topics, necessary for understanding the subject, and inability to analyze them even with the support of the professor → insufficient

- Preparation on basic topics addressed in the course and analytical skills that emerge with the help of the professor, expressed in an overall correct language → 18-19.

- Preparation on a limited number of topics covered in the course and ability to autonomous analysis only on purely executive matters, expression in correct language → 20-24.

- Preparation on a large number of topics covered in the course, ability to make autonomous choices of critical analysis, mastery of specific terminology → 25-29.

- Comprehensive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and connection, full mastery of specific terminology and ability to argue and self-reflection → 30-30L.

Teaching tools

The lectures will be in the forms prescribed by the Department.

Additional materials will be uploaded to the University's platform “Virtuale”.

Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the Teacher their needs in order to be addressed to the Contact Persons and agree on the adoption of the most appropriate measures.

Office hours

See the website of Carlo Zoli