Labour and Social Security Law
The course introduces to an overview of the fundamental principles and basic institutions that preside over work relations in Italian law, both in the individual and in the collective dimension. It's focused on the multilevel constitution of workers' protection, as individuals and within the professional representation organizations. Then, the highlights of the employment relationship (powers, rights and obligations) and the main contractual types are explained, so that the student has the basic knowledge to understand the work dynamics inside the firm. Some descriptions are dedicated to the income support in the event of job losses, both from the firm (GIG) and the worker (NASPI) perspective; the student can thus be guided by the general provisions of social security and social assistance. At the end of the course, students will fully understand the core value context of establishing, carrying out and terminating the employment relationship, as well as the role of trade union association and related bargaining tools.
Expected learning results:
- Knowledge and understanding: the student must have the ability to understand the evolution and the normative aspects of labour law and Social Security system. Considering, in particular, the reforms in the field.
- Applying knowledge and understanding: the student, through the study of the case law, must have the ability to understand the work dynamics inside the firms and in the labour market and to understand the procedural problems, too.
- Making judgments: the student must have the ability to judge the Italian policies aimed at balance the rights of the workers and of the market efficiency, through the critical analyze of social and labour policies.
- Communication skills : the student must have able to communicate the main content of legal institute, through the use of technical-juridical language.
- Learning skills: he student must have able to refer the legal provisions.
Prerequisiti PREREQ 4000 Sì Conoscenza del diritto delle istituzioni private e del diritto delle istituzioni pubbliche. Knowledge of the main institutions relating to civil and public law
The course discusses: The legal and conventional sources of labor law ( 9 h). Freedom and pluralism of trade unions. Representation and representativeness of trade unions. Trade union rights. The collective contract in the private work ( 6 h). Objective and subjective effectiveness. bargaining: structure and content. The law and the collective agreement. Relationships between collective agreements. Succession of collective bargaining over time. The competition-conflict between collective agreements of different levels (12 h). The right to strike and the lock-out ( 6 h). The establishment of the employment relationship. The contractual integrations: staff leasing, posting workers and the transfer of the undertaking. Flexible working (6 h). The extinction of the employment relationship (3 h).
Contenuti CONTENUTI 1400 Sì Disciplina del diritto del lavoro: sindacale, del rapporto individuale di lavoro. Sono escluse le seguenti tematiche: il percorso storico del diritto del lavoro italiano; il lavoro a termine e i contratti con finalità formative; le discriminazioni sul lavoro; negozi dispositivi, prescrizione e decadenza dei diritti del lavoratore; prevenzione del contenzioso e cenni al processo del lavoro. Labor law: trade union, employment relations. The following topics are excluded: historical evolution of italian labor law; fixed term contract and training contract; limitation and prescription periods of employment rights; the labor process.
The course is organized with traditional frontal lessons, case studies analyses, discussions on specific jurisprudential topics, exercises. This mix is very useful to apply the theoretical knowledge to empirical situations. Frontal lesson is supported by materials available on the e-learning platform
M. Esposito, L. Gaeta, A. Zoppoli, L. Zoppoli, Diritto del lavoro e sindacale, Giappichelli, 2020, except the chapters: 1, 15, 18, 19.
The final assessment is based on an oral interview, in less than 30 minutes, in which the student - in answer to questions about three general themes discussed in the course - is called to illustrate critically the functioning of the legal institutes and their purpose. The student, through the interview, must show that he or she is properly orientated in the labour law system and seizes the distinctive background elements of tihis. During the course, exercises and written tests for checking the learning are provided; Generally the student answers a battery of questions, open and closed, that review the program that has been carried out. The final vote, minimum 18/30 maximum 30/30 cum laude, will take into account: a) the clarity and the order of the exhibition; B) the ownership of the language; C) the systematic reasoning capacity.