Ateneo - UPO

The course will combine an explanation of the subject's theoretical foundations with an examination of leading case law trends.
It will focus almost exclusively on labour law in the private sector, analysing it from a broad perspective to allow an in-depth, integrated study of individual topics and key aspects.
It will begin by situating the subject within the framework of constitutional principles. It will then examine the relationship between labour protection and business organisation.

F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 2. Il rapporto di lavoro subordinato, Utet, Torino, latest edition available (only the following chapters, which refer to the edition currently in print, 2022, are to be studied: Chapters 1 to 12 inclusive; Chapter 14)

Through an explanation of the essential concepts of labour law, the course aims to provide students with a systematic understanding of the fundamental institutions of labour law, with particular reference to the regulation of employment relationships in the private sector, their sources, their historical development and their place within the framework of constitutional principles.
The course aims to enable students to understand the relationship between the protection of workers, business organisation and labour market regulation, through an analysis of current legislation and the main trends in case law.
The course also aims to provide students with a solid conceptual foundation, a confident command of technical and specialist terminology, and a clear and up-to-date body of knowledge necessary for interpreting statutory and contractual sources. By paying constant attention not only to theoretical debate but also to judicial interpretation, the course aims to develop in students a conscious and critical approach, enabling them to identify, contextualise and understand the legal issues associated with the management of employment relationships and to propose solutions consistent with the system of labour protections.

There are no required prerequisites. However, a basic understanding of the law is useful, which can be acquired through the core modules of the degree programme. Particular reference should be made to the fundamental concepts of private and/or commercial law.

While attendance is not mandatory, it is strongly recommended for those seeking to develop a comprehensive understanding of legal terminology, the methods of interpreting sources, and the practical application of the legal concepts covered.
The course is primarily delivered through lectures, supplemented by the analysis of statutory provisions, case law and practical case studies.
Students will be encouraged to participate actively through questions, guided case discussions and the analysis of interpretative issues arising in practice.
Supporting materials, such as slides, statutory texts, court decisions and in-depth documents, may be made available on the DIR platform to supplement the topics covered.

Students are invited to refer to the course page on DIR for supplementary lecture material as well as the detailed syllabus. 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/servicesst udents-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.

The assessment is designed to ascertain students’ knowledge of the principles of labour law and relevant legislation; their ability to place concepts within a systematic framework and to process and organise the data and concepts learnt; their correct use of technical legal language; and their ability to apply the concepts acquired to the resolution of legal issues.
- The examination takes the form of a written test comprising open-ended questions. The test lasts 45 minutes and is designed to assess students’ knowledge of the subject’s key concepts, including their ability to organise this knowledge systematically; their ability to link the various parts of the syllabus together; their ability to apply legal rules to practical issues; their technical language skills; and the clarity, coherence and rigour of their reasoning.
To pass the examination, students must demonstrate at least a sufficient knowledge of the legal concepts, be able to situate them within the system of legal sources, and use appropriate legal language. A mark above the pass mark will require a greater ability to make systematic connections, to engage in critical analysis and to apply knowledge to legal cases or problems. The highest marks will be awarded for answers that are comprehensive, well-structured, technically accurate and demonstrate independent judgement.

The subject of the course is the employment relationship law. In particular, the course will deal with: labour law sources; the notions of subordination, self-employment and para-subordination; the organisation of the labour market and the establishment of relationships; decentralised production and other forms of company organisation; the typology of subordinate employment contracts (fixed-term contracts, part-time contracts, agency work, etc.); the employer's managerial power (general profiles, regulation of duties and transfer of workers, management of working hours, etc.); the power of control and disciplinary power; remuneration (constitutional profiles, notion and structure, automatic salary systems); the suspension of the employment relationship; the discipline of dismissals; the guarantees of the employee's rights.
Integration of the gender dimension: as part of the course, attention will be paid – including across the various institutions covered – to issues of equality, non-discrimination and the protection of workers, with particular regard to the impact of labour law on gender differences.

At the end of the course, students will be familiar with and able to understand the institutional principles of labour law.
They will be able to navigate the field of labour legislation and critically discuss its content. Having acquired the ability to apply their knowledge in practice, they will be able to independently resolve the main legal issues that may arise in the management of employment relationships, identifying the applicable legislation and constructing, in a reasoned manner, possible interpretative solutions. Finally, they will be able to explain the principles of labour law using appropriate technical and specialist language, with clear reasoning and a correct systematic framework.
Finally, by the end of the course, students will have acquired the methodological tools necessary to keep the body of knowledge and skills acquired during the course constantly up to date, by consulting relevant legislative, case-law, contractual and bibliographical sources.