Ateneo - UPO

The course will integrate the illustration of the theoretical foundations of labour law, in its twofold form of trade union law and employment law, with an examination of the main jurisprudential trends. The course will analyse labour law from an overall perspective, allowing for an integrated in-depth study of the specific topics and fundamental issues of the subject. The course will be divided into two sections: the first will focus on the analysis of constitutional principles and primary legislation in trade union law, with particular emphasis on trade union organisation and action (collective bargaining) and forms of collective self-protection (strikes and lockouts) (Section I – Trade Union Law). In the second part (Section II – Employment Law), the course will analyse the rules governing the establishment, performance and termination of employment relationships.

With regard to trade union law (Section I), candidates are required to study: M. Persiani, F. Lunardon, Diritto sindacale, Giappichelli, latest edition available (paragraphs 1 to 13 inclusive; 21 to 31 inclusive; 35 to 59 inclusive; 67 to 78 inclusive). In relation to the section on employment law (Section II): F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 2. Il rapporto di lavoro subordinato, Utet, Turin, latest edition available (only the pages of the textbook indicated in the detailed lesson plan published on the DIR page of the course, which refer to the 2022 edition, should be studied)

The course has been designed to provide students with a comprehensive understanding of the theoretical foundations of the essential institutions of employment law and trade union law, within the framework of their constitutional, civil and supranational foundations. The course also has the aim of guiding students in exploring the practical implications of the principles analysed, encouraging a critical reading of case law. In this way, the course ultimately aims to ensure that, by the end of the course, students have developed the ability to master the technical language of the subject and are able to independently assess issues relating to individual employment contracts and trade union law and to propose solutions.

General prerequisites apply. Passing the Private Law exam is required.

Course attendance is recommended. Attendance is useful in order to acquire greater mastery of the subject matter, legal vocabulary and techniques for interpreting the regulatory texts analysed in class. The course will mainly consist of lectures, in which students will be encouraged to participate actively. For each macro-topic explained in class, documents (slides and, where applicable, court rulings and articles) will be made available on the DIR platform to further explore the topics covered.

Refer to the course page on DIR for supplementary material and support for the lessons, as well as for the detailed programme. Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via reference office consulting the University webpage: https://www.uniupo.it/en/services/services-students-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.

Written exams to assess knowledge of the regulations, the ability to process and organise data and concepts learned, and apply the discipline in solving practical cases. – As stated in the Departmental Degree Programme Regulation, only students with full attendance shall take a written exam, structured in two parts, at the end of the teaching period, with mainly multiple-choice questions. The questions reflect the content of the course and the issues covered in class. The test will last 45 minutes. Failure to attend the test, failure to pass it or refusal of the assigned grade will result in the exam being taken in accordance with the procedures for non-attending students. – During the regular exam sessions, students who have not attended the course or who have attended but have not taken the above exemption test, have failed it or have refused the grade will be given a written test with open-ended questions. The questions will reflect the content of the course and the textbook. The test will last 45 minutes.

The course will focus on trade union law and employment law. In particular, Section I (Trade Union Law) will cover the function of trade union law; trade union freedom; trade unions and employers' organisations; trade union representation in the workplace; collective labour agreements; the structure of collective bargaining; relations between different levels of collective agreements; anti-union conduct; strikes and lockouts. Section II (Employment Law)will cover the sources of labour law; the concepts of subordination, autonomy and quasi-subordination; the organisation of the labour market and the establishment of employment relationships; decentralisation of production and other forms of business organisation; types of employment contracts (fixed-term, part-time, temporary agency work, etc.); the employer's managerial power (general aspects, regulation of duties and transfer of workers, management of working hours); supervisory and disciplinary powers; remuneration (constitutional aspects, concept and structure, automatic wage increases); suspension of the employment relationship; rules governing dismissal; guarantees of workers' rights. Gender mainstreaming: within the topics covered, issues will be raised in relation to the relationship between the principle of equality and prohibitions of gender discrimination, from a historical perspective, in order to provide students with an overview of measures to support and protect female workers in the context of the employment relationship.

At the end of the course, the institutional concepts of labour law will have been made known to the students. They will be able to interpret labour legislation and critically discuss its contents. They will master the methodology of legal analysis and interpretation, as well as case law, and will therefore be able to apply their knowledge to the resolution of practical cases that may arise in the management of employment relationships. They will also develop the argumentative skills and technical language proficiency necessary to independently maintain their knowledge and skills after the course.