Ateneo - UPO

The course offers a complete analysis of labor law in its double articulation: the discipline of the employment relationship and the Right. Care should be taken to 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.

- F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Il diritto del lavoro. Il rapporto di lavoro subordinato, Utet, Torino, ult. ed. - M. Persiani, F. Lunardon, Fondamenti di diritto sindacale, Giappichelli, 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 employed by the private sector and employment in the public administration, of the Right and will apply the rules and institutions for practical cases.

The general prerequisites.

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 program 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.

As per the CCL Regulation, 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 the Right Italian; 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. Particular attention is given to developing skills in understanding and drafting of written texts. Students will be asked to rework, even in writing, analysis of case law material and / or doctrinal. Even the interim and final tests are in written form. In order to enrich the educational offer of the course giving the right space at the professional dimension, there is the testimony of a lawyer, a job counselor or a corporate lawyer who will explain in practical terms what it means today to be applying the law. Students are advised to check the detailed schedule of classes posted on DIR for the topics of the individual lectures.

At the end of the course the student will be able to correctly identify the sources of discipline (collective agreement or law) of the individual institutions and will be able to give correct interpretation and application. He will be able to identify the areas of competence reserved for collective bargaining and the limits of intervention in relation to the law and to the other levels of collective bargaining.