70396 - Employment Law

Learning outcomes

The course provide students with a critical study on the regulation of employment relationship and collective labour law, taking into consideration the plurality of normative sources and their interlacement: European and national law, collective bargaining, statement of the Courts, uses and  praxes.

The course focuses on fundamental topics of labour law at the individual and collective level, analyzing the interpretative solutions and the judicial guidelines. A didactic module will focus on new forms of digital employment, crowd working and sharing economy.

 

Course contents

The course is composed of the following didactic modules:

I module: Subjects, principles, sources.

Workers and trade unions in the Italian Constitution. Fundamental principles: job-protection regulation, collective autonomy, European Union sources. Relationship between sources: in particular, law and collective agreement.

II module: Employment relationship in private sector

Employment relationship in private sector: subordination and self - employment. Different statutory regulations of self - employed work (parasubordinato occasional work). Subordination and powers of the employer (directive, disciplinary, control and vigilance). Employment relationship's suspension and extinction . Dismissal. Norms and techiniques of employee's rights guarantee.

III Module: Labour market organization and employment flexibility

European Employment Strategy. Organization and regulation of Italian labour market: from the public monopoly of placement to deregulation. Supply and demand on the employment market. Employment Agencies.

Non - standard work and Jobs Act (work and training contract, fixed-term contract, part - time contract, job on call). Certification of employment contracts.

Firm's vicissitudes and transformations: from the ban to use intermediaries in the hiring of employees to agency work. Outsourcing, contract, posting of workers, company transfer and rescue and employees rights. Instruments for crisis of enterprise: collectives redundancies, solidarity contracts. Social system protection of unemployment (ammortizzatori sociali).

 IV Module: Collective labour law 

Freedom of association and organization of unions, collectives interests. Trade union representation in firm and trade union rights. Collective autonomy and collective bargaining's structure. Topic and subjective effect of collective agreements. Right of strike (in private sector and public essential services sector). Trade-union protection. 

V Module: Work on web

New forms of work through web and digital platforms. From smart working to crowdworking. Individual and collective protections.

 

Readings/Bibliography

General warnings: for the final exam, the student has to prepare the arguments of the program above, choosing freely texts between those advised, provided in recent edition. Remember that the study of the texts concerns topics from the program and from the lessons.

For individual labour relationship (Modules 1-3) alternatively:

 - M. Esposito, L. Gaeta, R. Santucci, A. Zoppoli, L. Zoppoli, Istituzioni di diritto del lavoro e sindacale. vol. III Mercato, contratto e rapporti di lavoro, Giappichelli, 2015.

- R. Del Punta, Diritto del lavoro, Giuffrè, 2015.

- M. Roccella, Manuale di diritto del lavoro, Giappichelli, 2015.

 

For collective labour law (Module 4) alternatively:

 - M.V. Ballestrero, Diritto sindacale, Torino, Giappichelli, 2015.

- O. Mazzotta, Diritto sindacale, Torino, Giappichelli, 2014.

- M. Esposito, L. Gaeta, R. Santucci, A. Viscomi, A. Zoppoli, L. Zoppoli, Istituzioni di diritto del lavoro e sindacale, vol. II, Organizzazione e attivita'  sindacale, Giappichelli, Torino, 2015.

 

For monographic topic (Module 5):

- P. Tullini (edited by), Web e lavoro, Giappichelli, Torino, 2017.

Teaching methods

The course offers additional activities (method "peer to peer") taking place on line through University e-learning Platform. Students participation in such activities is optional.

I. Le@rning by practice

The teacher adopts a telematic didactic methodology, inspired to Legal Clincs model, that offers the possibility to integrate theorethical learning and the practice of labour law.

The aim is to simulate a real legal assistance, assigning students the drafting of acts of the trial, including the final decision. 

The groups, coordinated by a tutor, interact on the E- learning University platform, simulating arguments of the trial in a dedicated forum.

E-learning platform

 

II. Work on web

The teacher adopts an interactive methodology available through the E-learning University platform.

The site accommodates a Forum opened to the attending students.

Further information for the recording to the Forum will be supplied during the lessons.

Integrating activities for CFU

The students who need to integrate credits already gained in labour law teachings, will carry out the following program:

- for integrations until 6 credits: the program of Module V on " Web e lavoro , with relative bibliography.

 - for more than 6 credits: directly agree the program with the teacher.

Assessment methods

The final exam will be oral on arguments discussed during the lessons and indicated in the program above.

The activity carried out from students through interactive teaching methods will be part of the final exam.

In order to sustain the final exam it is necessary for students to have successfully completed Public law and Private law.

The course is one-year held and students obtaining the certificate of attendance in this year will be able to take the final exam from the end of the second semester.

No particular prescription for the assignment of the thesis.

Teaching tools

The course makes use of the University e-learning platform for the delivery of interactive teaching, integrative activities and to make available any bibliographic additions (v. sub Teaching methods).

Links to further information

https://elearning-cds.unibo.it/course/view.php?id=12084

Office hours

See the website of Patrizia Tullini