Ateneo - UPO

The course focuses on labour law, covering both trade union law and the law governing individual employment relationships.  The course will combine an explanation of the theoretical foundations of the discipline with an analysis of current legislation and the leading case-law trends. The course will provide a comprehensive overview of labour law, enabling an integrated in-depth study of individual topics and the key aspects of the discipline. The course will, therefore, be divided into two parts. It will initially focus on the analysis of constitutional principles and primary legislation governing trade union law (Part I – Trade Union Law), with particular reference to freedom of association, trade union organisation, trade union representation and representative capacity, collective bargaining, as well as forms of collective self-defence (strikes and lockouts) and the prosecution of anti-trade union conduct. In the second part (Part II – Employment Law), the course will cover the individual employment relationship, from the classification of the relationship to the establishment, performance, suspension and termination of the employment contract, with a focus on the employer’s powers, the employee’s obligations, remuneration, the decentralisation of production, dismissals and the protection of rights. 

– For the part on trade union law (Section I), students are required to study: M. Persiani, V. Maio, Diritto sindacale, Giappichelli, 2025, paragraphs 1 to 18 inclusive; 21 to 25 inclusive; 28 to 33 inclusive; 38 to 59 inclusive; 67 to 78 inclusive.– For the section on Employment Law: F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del lavoro, 2. Il rapporto di lavoro subordinato, Utet, latest available edition (only the following chapters, which refer to the latest edition in print, 2022: Chapters 1 to 12 inclusive; Chapter 14).It is strongly recommended that students consult the provisions of the Civil Code and the fundamental supplementary laws covered by the course. To this end, students may use an up-to-date labour code, including in digital format, or search for legislative texts on the Normattiva database, which is freely accessible online.Any additional materials, such as slides, legislative texts, case law decisions, collective agreements and supplementary documents, may be made available on the DIR platform. These materials are intended to supplement - not replace - the study of the specified textbooks.

The course aims to provide students with a comprehensive and systematic understanding of the theoretical foundations of the key institutions of labour law, from the dual perspectives of trade union law and employment law. The course seeks to situate the legal institutions of the discipline within the framework of constitutional, civil and supranational sources, explaining the relationship between the protection of workers, trade union freedom, collective autonomy, business organisation and labour market regulation. The course also aims to develop students’ ability to understand and interpret the sources of labour law and, by guiding them in exploring the practical implications of the legal institutions analysed, to develop a capacity for critical analysis of current law and to apply the knowledge acquired to resolving legal issues relating to the institutions covered.  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 legal language of the subject, as well as an analytical method suitable for independently assessing interpretative and applicative issues related to labour law and proposing solutions in this regard.  

The general prerequisites set out in the Degree Programme Regulations apply: students are therefore required to have passed the Private Law examination.

Attendance is not compulsory, but is nevertheless strongly recommended in order to facilitate a more profound comprehension of the discipline, legal terminology, the method of interpreting sources and the practical application of the legal concepts covered.The course is delivered primarily through lectures, supplemented by the analysis of legislative texts, collective agreements, case law, practical case studies and supplementary materials.Students will be encouraged to participate actively through questions, guided case discussions, the reconstruction of interpretative problems and discussions on the theoretical and practical aspects of the subject. For each major topic covered in class, supporting materials – such as slides, statutory texts, court judgments and further reading – may be made available on the DIR platform to supplement 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.

The examination is conducted orally and encompasses the entire course syllabus.
The oral examination is designed to assess candidates' knowledge of the fundamental principles of trade union law and the law governing individual employment relationships, their ability to analyse the discipline systematically, their correct use of technical legal terminology, their ability to present arguments, and their aptitude for applying the knowledge acquired to the resolution of legal issues.
The oral examination is typically structured around a series of questions pertaining to various sections of the syllabus. It is anticipated that a proportion of the examination will be allocated to the evaluation of candidates' comprehension of the principles of trade union law. Additionally, a segment of the examination will be devoted to the assessment of candidates' knowledge of the law governing individual employment relationships. Questions may also concern the interrelationship between the aforementioned principles; the interpretation of legislative sources; the analysis of case-law trends; and the discussion of cases or practical application issues.
In order to pass the examination, students are required to demonstrate a minimum of adequate familiarity with the fundamental principles of the subject, the capacity to situate these principles within the system of legal sources, an understanding of the relationship between trade union law and employment law, and the ability to utilise correct legal language and an appropriate style of presentation.
A mark above the pass mark will require a more confident ability to make systematic connections between the various parts of the programme, a greater command of sources and case-law trends, as well as the ability to analyse critically and apply the knowledge acquired to legal cases or problems. The highest marks will be awarded for answers that are comprehensive, well-structured, technically accurate, argued with rigorous methodology, and capable of demonstrating independent judgement, critical awareness and full command of technical and specialist language.

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.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. 

Upon completion of the course, students will have developed a comprehensive understanding of the institutional concepts of labour law, encompassing its systematic function, historical evolution, constitutional foundations, and its relationship with legislative sources, collective agreements, and case law. Upon successful completion of this programme, participants will have acquired the necessary skills to independently apply their knowledge of legal analysis and interpretation to the analysis of specific legal issues. They will be able to navigate the field of labour law in order to identify the applicable legislation, analyse the interpretative problem, and critically discuss possible solutions. Furthermore, they will cultivate sufficient presentation skills, employing suitable technical and specialist language, clear reasoning, and a correct systematic framework. This will empower them to independently maintain the knowledge and skills acquired during the course, ensuring their continued relevance and proficiency.