Ateneo - UPO

The course offers a complete analysis of labor law in its double
articulation: the discipline
of the employment relationship and the trade union law. It will be highlight in which
institutions of the public sector employment still differs from the private
sector, not
forgetting to make an economic analysis of the rules of specific
institutions.

- M. Persiani, F. Lunardon, Fondamenti di diritto sindacale, Giappichelli,
ult. ed.
- F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Il diritto del lavoro. Il
rapporto di lavoro
subordinato, Utet, Torino, ult. ed.

Or
Labour law and industrial relations in Italy, Wolters Kluwer, ult. ed.

At the end of the course the student will have a knowledge of the law
governing the
employment relationship in the private sector and in the public
administration, of the trade union law and will apply the rules and
institutions for practical cases.

General propaedeuticities apply. The student needs to have successfully passed the Constitutional Law and Private Law examinations

The course is organized into lectures. Attendance is not mandatory but is
strongly
recommended in order to acquire, including through classroom activities,
a greater
mastery of the subject, the legal vocabulary and understanding of the
legislative texts technique that from time to time are analyzed.

Students are encouraged to refer to the course page of Dir for the
supplementary material and to support besides lesson for the detailed
programme.
Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

There will be a mid-term exam concerning the
first part of the
course, in writing, reserved for students attending.
written final exam -
The test - written - will last 45 minutes. It will consist of a series of "open
questions". It
aims to verify the knowledge of the regulations, the ability to process and
organize data
and concepts learned, applying discipline in the solution of practical
cases

Subject of the course will be the right of association and the right of
employment
relationships and, in particular: - To the right of association: the historical
evolution of trade unions; the trade union organization; Freedom of
Association; representation and
trade union representation; corporate union representation (in the private
sector and in the
public sector) and trade union rights in the workplace; the collective
agreement (models,
structure, effectiveness, mandatory nature); the relationship between
collective
agreements and between collective bargaining and the law; collective
bargaining in the
civil service "privatized"; the collective dispute (the right to strike in its
general outlines
legal -nature, ownership, boundaries - and other forms of industrial
action); the strike in
essential public services; lockout; the repression of the anti-union
behavior; - To the right
of the employment relationship: the sources of labor law; the concepts of
subordination,
autonomy and parasubordination; the organization of the labor market
and the
establishment of relations; the type of employment contracts (fixed-term
contract, parttime,
temp work, etc.). the Governing power of the employer (general profiles,
the
discipline and the tasks of the employee's transfer, the working time
management); the
power of control and disciplinary power; the protection of health and
safety in the
workplace; remuneration (constitutional profiles, concept and structure,
wage automation);
the suspension of the employment relationship; layoffs; of the surplus personnel; the
layoffs of discipline.

At the end of the course the student will be able to correctly identify the
sources of regulation(collective agreement or law) of the various
institutes and be able to correctly
interpret and apply them. They will be able to identify the areas of
competence reserved for collective bargaining and the limits of intervention
in relation to the law and other levels of collective bargaining.