Ateneo - UPO

The course, divided into two units, will initially focus on the analysis of the principles and legal rules inherent in the system of collective labor relations, focusing on the current problems of union representation, collective bargaining and strikes (Unit I - Trade Union and Industrial Relations Law).
It will illustrate, subsequently, monographic themes of labor law discipline, with particular reference to the structural profiles of the labor contract, the integration of labor into business organization, the impact of technology on the employment relationship, the labour relationship regulation in the context of sustainable enterprise (Unit II - Labor Contract and Business Organization).

Relevant study material for each lecture will be posted on the Course DIR page.
Attending students will be able to study on the notes, supplementing with the material suggested by the professor and the slides.
For non-attending students:
- in relation to Unit I (Trade Union and Industrial Relations Law) it is required to study: M. Persiani, F. Lunardon, Diritto sindacale, Giappichelli, 2021 (paragraphs 1 to 13 included; 21 to 31 included; 35 to 59 included).
- in relation to Unit II (Labor Contract and Business Organization) the study of the following essays is required, which will be uploaded by the lecturer on the Course DIR page:
1. E. Gragnoli, Esiste un diritto alla felicità in azienda?, in Variaz. temi dir. lav., 2022, p. 9 ff.
2. G. Proia, Controlli a distanza e trattamento dei dati personali: due discipline da integrare (ma senza fare confusione), in Aa.Vv. (a cura di), Privacy e lavoro. La circolazione dei dati personali e i controlli nel rapporto di lavoro, Milano, 2022, p. 329 ff.
3. M. Marazza, Limiti e tecniche di controllo sui poteri di organizzazione del datore di lavoro, in Id., M. Martone, Contratto di lavoro e organizzazione, in Trattato Carinci-Persiani, Padova, 2011, p. 1271 ff.
4. M. Peruzzi, La discriminazione algoritmica, in Equal, 2024, p. 7 ff.
5. A. Zilli, La via italiana per condizioni di lavoro trasparenti e prevedibili, in Dir. rel. ind., 2023, p. 25 ss.

The course aims to transmit advanced tools and techniques for understanding and analyzing labor and industrial relations law. Trade union law will be explored in depth and specific institutes of the labor discipline at the national, EU and international levels will be analyzed, all of which reflecting current issues in labor regulation that are susceptible to further study with respect to the coverage offered in the institutional Labor Law course.
The course aims to provide the essential knowledge and skills to design, implement and evaluate human resources organization strategies from a perspective that is equally sensitive to the values of enterprises and the rights and freedoms of workers, both at individual and collective levels. It also aims to develop in the students the aptitude to examine with mastery of technical-specialist language, conceptual autonomy and a critical spirit the different thematic areas covered in the program.

General propaedeuticities apply.

The course will be conducted mostly through face-to-face classes, in which students will be invited to actively participate.
For each macro-topic discussed in class, documents (court decisions, articles, slides) will be made available on the DIR platform.
Attendance of the course is highly recommended, but not mandatory. Attendance is useful in order to acquire a greater mastery of the matter, of the legal vocabulary and of the technique of understanding the normative texts that will be analyzed from time to time.

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/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.

Written examinations to test knowledge of the law, the ability to process and organise acquired notions, and to apply the discipline in solving practical cases.
- In accordance with the CDL regulation, for attending students only, a written exemption test is administered at the end of the lecture schedule, with mainly multiple-choice questions. The questions will reflect the course content and issues outlined in class.
The test will last 45 minutes.
Failure to participate in the test, failure to pass it or rejection of the grade awarded will lead to the examination being conducted in the same way as for non-attenders.
- A written test with open-ended questions is administered during the ordinary examination for non-attending students or for attending students who did not participate in the exemption, failed it or refused the grade. The questions reflect the content of the course, assimilated through study of the essays and textbook.
The test will last 45 minutes.

The subject of the course will be trade union and employment relations law and, in particular:
- for Unit I (Trade Union and Industrial Relations Law): the function of trade union law; trade union freedom; trade unions and business organizations; trade union representation in the workplace; the collective bargaining agreement; the structure of collective bargaining and the relationship between different bargaining levels; counter-union behavior; strikes and lockouts.
- for Unit II (Employment contract and business organisation): the function of the employment contract and the obligation to work as a subordinate; the impact of technology on work performance: remote work, employee privacy and the employer's power of control through technological tools; algorithmic management models; transnational work; sustainability and labour law; disability and work (c.d. disability management); anti-discrimination protection, with special attention to gender equality.

Integration of the gender dimension: one lesson will be entirely focused on the relationship between the principle of equality and gender discrimination provisions, 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 student will be aware of and be able to understand the main traits of the specialized topics discussed in the course. The student will know how to apply the acquired knowledge and solve practical problems related to the topics of the course, confidently orienting him/herself in the legislation, also in the light of the most relevant doctrinal and jurisprudential guidelines. He/she will therefore be able to independently resolve the main legal issues that may arise in the management of labor relations and in relations with labor organizations. As an employee, he/she will know how to evaluate his/her own set of rights and obligations; as a manager and/or employer, he/she will know how to design and evaluate innovative and effective strategies of personnel organization consistent with the limits imposed by the legal system.
Finally, he/she will know how to use specialized language appropriately and keep the store of knowledge and skills acquired during the course constantly updated.