B2320 - DIRITTO DEL LAVORO 2 (PIANO ITALO-FRANCESE It)

Learning outcomes

The course aims at providing students with the regulatory framework of the subject - in the usual partition in employment relationship and collective labour law – on the basis of the articulation of its sources (domestic and European Union law, collective agreements, and individual contract, as well as case law) and considering the aspects and issues that are currently most relevant.

Course contents

The course aims at providing the cognitive tools to understand the legal system of individual and collective labour relationships, both in the private sector and in the "privatized" public sector, taking into account the role and influence of EU law on domestic law, as well as the progressive formation of labour law and the changing orientations in the case law.
After a historical-critical introduction - which will focus on the structural components of the subject (Italian Constitution, mandatory legislation, collective self-regulation, individual contract), on the development of sources (in particular, with regard to collective agreement and EU law), and on the hierarchy between them, and in which the numerous and significant innovations recently adopted by the legislator will be highlighted - the course will focus on the following parts, giving adequate importance to EU law in the study of individual institutions:

I) Trade union law and collective relationships

• Historical genesis and principles of employment law.
  The work in the Italian Constitution.
• National and international sources.
• Guiding principles and historical development of EU policies.
  Labor relations.
• The employment relationship.
• Trade unions law.
• Workers' representative structures in workplaces.
  The special procedure against employers' anti-union behaviors.
• Collective labour agreements typologies; in particular, the collective agreement "di diritto comune" (regulated by common private law) and in public administrations.
• The evolution of collective bargaining and its structure.
  Collective bargaining and the law.

II - employment relationship

• The organization of employment relationship.
• The right to strike, the lock-out and other industrial actions.
• Administrative organization and government intervention in the labor market.
• The employment. Legal forms of employment.
• Self-employment and quasi dependent workers.
• Flexible contracts.
• The certification of employment contracts.
• The contract of employment and discipline.
• Discrimination.
• The organization of workers: duties, qualifications, categories.
• The obligations of the worker.
• The powers of the employer.
• Employment relationship's suspension and extinction. Dismissal.
• Norms and techniques of guarantee of employee's rights

 

Foreign exchange programs: the exam taken abroad can be fully or partially recognized.

 

For full recognition - the teacher must have verified that the program of the course attended at the partner University includes the following institutions:

a) the discipline concerning the collective agreement and the right to strike;

b) the discipline of the employment relationship: the salary, the working hours, the obligations of the worker, the powers of the employer, the protection of the lender, the hypothesis of suspension of the employment relationship, the individual dismissal and collective;

c) the discipline of business transfer.

 

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

 

Employment Law - c.d.l. Italo-Francese (9 Cfu)

 trade union law and employment relationship

• Historical genesis and principles of employment law.
  The work in the Italian Constitution.
• National and international sources.
• Guiding principles and historical development of EU policies.
• Labor relations.
• The employment relationship.
• Trade unions law
• Workers' representative structures in workplaces.
• The special procedure against employers' anti-union behaviors.
• Collective labour agreements typologies; in particular, the collective agreement "di diritto comune" (regulated by common private law) and in public administrations.
• The evolution of collective bargaining and its structure.
  Collective bargaining and the law.
• Subordination and autonomy

 

 

Readings/Bibliography

For the complete exam (15 cfu)

• F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 1, Il diritto sindacale, Utet, Torino, 2023.
• F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 2, Il rapporto di lavoro subordinato, Utet, Torino, 2022.
• F. Carinci, A Pizzoferrato, Diritto del lavoro dell'Unione Europea, Giappichelli, 2021: solo cap. IV.1 Libera circolazione dei lavoratori e IV.2 Libera prestazione di servizi e libertà di stabilimento (pag. 131-158)

alternatively

• Del Punta R., Romei R., Vallauri M.L., Diritto del lavoro, Giuffrè, 2023
• F. Carinci, A Pizzoferrato, Diritto del lavoro dell'Unione Europea, Giappichelli, 2021: solo cap. IV.1 Libera circolazione dei lavoratori e IV.2 Libera prestazione di servizi e libertà di stabilimento (pag. 131-158)

 

It is also recommended to consult an updated code of the relevant legislation.

The reading of a national collective labor agreement (chosen by the private sector or the public sector), to be carried out during the examination, is part of the examination program, in order to be able to demonstrate the knowledge of how it is made such a document and the ability to consult it.

Collective agreements can also be found on the web, for example on the Cnel or Aran website:

http://www.cnel.it/Contratti-Collettivi

http://www.aranagenzia.it

 

For additions of 6 cfu

F. Carinci, A Pizzoferrato, Diritto del lavoro dell'Unione Europea, Giappichelli, 2021:

• cap. I La dimensione istituzionale dell’Unione europea (per intero, ma è sufficiente mera lettura del n. 1 su Origine ed evoluzione storica dell’ordinamento comunitario),
• cap. II Le fonti,
• cap. III La politica sociale europea,
• cap. IV Le libertà fondamentali dell’Unione europea,
• cap. XII La sicurezza sociale.

 

For additions to a number of credits other than 6, please contact the collaborators Monica Navilli (monica.navilli@unibo.it), Sebastiano Castellucci (sebastiano.castellucci@unibo.it), Clara Serrau (clara.serrau2@unibo.it), via e-mail (single mail), indicating which courses you have worked with have already been supported with which program and textbook.

 

c.d.l. Italian-French (9 Cfu)

• F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 1, Il diritto sindacale, Utet, Torino, 2023: all except chapters 2, 3 and 14.
• F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 2, Il rapporto di lavoro subordinato, Utet, Torino, 2022: only the second chapter.

 

 

 

 

Teaching methods

The course will take place through lectures that will touch the different thematic areas referred to under the heading Programs / contents.

Assessment methods

The lessons will be held in the first and second semester.

For students who have to fully accrue the credits relative to the teaching, the exam can be sustained with attendance certificate in the AY. current from the summer session.

The exam will take place through an interview, aimed at verifying the acquisition of knowledge, which is divided into several questions, concerning the above mentioned program (section "Program and contents".).

The evaluation of the test will be carried out taking into consideration:

• knowledge of institutional profiles;

• the ability to analyze the jurisprudential and doctrinal guidelines;

• the ability to make connections between the different parts of the program;

• the ability to develop critical arguments;

• the articulation and accuracy of the exposure.

 

Valutation in the exam:

- Lack of knowledge of 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.

 

Intermediate test (partial)

After the first semester, a partial exam can be taken. The partial test will always take place through an interview, aimed at verifying the acquisition of knowledge and skills, and will have as its object the themes of the trade union law.

The intermediate test date will be communicated during the lessons.

The overcoming of the partial, not obligatory and also open to non-attending students, will allow the student to sustain the interview related to the 2nd and last part of the program (The employment relationship), provided this takes place within the ordinary summer session (May-July) .

The evaluation criteria of the tests are those shown above

Prerequisites

Students can take the exam only after passing Private Law and Constitutional Law.

 

Disability or specific learning disabilities (DSA) - Students who, due to disability-related reasons or specific learning disabilities (DSA) need compensatory or alternative tools, can communicate their needs to the teacher (and / or his direct collaborator Monica Navilli - monica.navilli@unibo.it) in order to agree on the adoption of the precautions more opportune.

 

 

THESIS

The assignment of the thesis will consider the interest in the subject. The subject and the title will be definitely assigned after the presentation and approval of a research program on a subject agreed between teacher and student.

Teaching tools

We strongly recommend subscribing to the telematic distribution list:

sandro.mainardi.DirittoLavoroMQ_2024-25

in which you can enter by following the instructions on the following web page: www.dsa.unibo.it.

Through the list can be sent notices about the course, as well as' indicated or transmitted material for any further information.

Those who do not regularly consult their University e-mail box (www.unibo.it/Portale/Il+mio+Portale/La+mia+e-mail.htm), can set the re-direction to another e-mail address (through the appropriate command inside the same box).

Please do not reply to messages from the list, or send any communication (writing to the list means contacting all members). The messages sent by the teacher through the telematic list are not sent back by the computer system to those who subscribe to the same list after they have been sent.

• Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the Teacher (and / or his direct collaborator Monica Navilli - monica.navilli@unibo.it) 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 Sandro Mainardi