2. Professors
  3. Teaching

Labour Law

Simone Pietro EMILIANI Labour Law

0160100020
DEPARTMENT OF LAW
EQF7
LAW
2024/2025

OBBLIGATORIO
YEAR OF COURSE 3
YEAR OF DIDACTIC SYSTEM 2012
FULL ACADEMIC YEAR
CFUHOURSACTIVITY
12108LESSONS


SIMONE PIETRO EMILIANI T Curriculum
Objectives
THE COURSE AIMS TO PROVIDE STUDENTS WITH KNOWLEDGE OF THE WAYS IN WHICH EMPLOYMENT RELATIONSHIPS ARE REGULATED BY ANALYSING THE INTEGRATION MECHANISMS OF THE VARIOUS SOURCES GOVERNING THEM, COLLECTIVE, INDIVIDUAL AND LEGAL. THUS, THE INSTITUTES REGULATING THE EMPLOYMENT RELATIONSHIP WILL BE EXAMINED AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE ANALYSED, AS WELL AS THE INSTRUMENTS FOR THE PROCEDURAL AND EXTRA-COURT SETTLEMENT OF DISPUTES. TRADE UNION LAW WILL ALSO BE ANALYSED IN DEPTH
Prerequisites
COMPLIANCE WITH PROPAEDEUTICITIES (PRIVATE LAW)
Contents
GENERAL PART:
- OUTLINE OF THE HISTORICAL EVOLUTION OF LABOUR LAW, FROM THE LIBERAL STATE SYSTEM TO THE CORPORATIVE SYSTEM, TO THE REPUBLICAN SYSTEM;
- THE SOURCES OF LABOUR LAW IN THE MULTILEVEL DIMENSION OF THE EUROPEAN UNION;
- THE TECHNIQUE OF THE MANDATORY RULE IN PEIUS AND THE PRINCIPLE OF FAVOUR;
- THE PRINCIPLES DETERMINING THE SPECIALITY OF LABOUR LAW.

TRADE UNION LAW:
- THE ORIGINS OF INDUSTRIAL CONFLICT;
- THE ORIGINS OF TRADE UNION LAW, FROM THE LIBERAL STATE SYSTEM TO THE CORPORATIVE SYSTEM;
- THE PRINCIPLES OF THE REPUBLICAN CONSTITUTION;
- THE NOTION OF TRADE UNION FREEDOM;
- THE PRIVATISATION OF TRADE UNION LAW;
- THE NOTION OF COLLECTIVE INTEREST;
- TRADE UNION ORGANISATION;
- THE NOTION OF TRADE UNION REPRESENTATIVENESS;
- THE DISCIPLINE OF THE COLLECTIVE AGREEMENT;
- THE DISCIPLINE OF THE RIGHT TO STRIKE;
- THE EVOLUTION OF THE DISCIPLINE OF TRADE UNION REPRESENTATION IN THE COMPANY;
- THE WORKERS' STATUTE AND TRADE UNION RIGHTS;
- TRADE UNION INFORMATION AND CONSULTATION;
- THE REPRESSION OF ANTI-UNION ACTIVITY.

LAW OF THE INDIVIDUAL EMPLOYMENT RELATIONSHIP:
- CONTRACTUAL NATURE OF THE RELATIONSHIP;
- THE HISTORICAL EVOLUTION OF THE NOTION OF SUBORDINATION AND THE INTERPRETATION OF ARTICLE 2094 OF THE CIVIL CODE;
- THE CASES OF AUTONOMOUS, COORDINATED AND HETERORGANISED WORK;
- THE SUBORDINATE EMPLOYEE'S OBLIGATIONS OF OBEDIENCE, DILIGENCE AND LOYALTY;
- THE SPECIAL POWERS OF THE EMPLOYER;
- THE EVOLUTION OF THE DISCIPLINE OF THE POWER OF DISMISSAL AND REMEDIES FOR ITS ILLEGITIMATE EXERCISE;
-THE DISCIPLINE OF PROFESSIONAL GRADING;
- THE RIGHT TO REMUNERATION;
- THE RIGHT TO SECURITY;
- THE LIMITS OF WORKING TIME;
- THE PROHIBITION OF DISCRIMINATION;
- SPECIAL GUARANTEES FOR WORKERS' RIGHTS.
Teaching Methods
LECTURES WITH POSSIBLE STUDENT INTERACTION IN THE CLASSROOM
Verification of learning
ORAL EXAMINATION: THERE WILL BE FIVE QUESTIONS (OF WHICH TWO ON TRADE UNION LAW).
IN ORDER TO PASS THE EXAMINATION, THE STUDENT MUST DEMONSTRATE ADEQUATE PREPARATION ON THE VARIOUS PARTS OF THE PROGRAMME.
IN PARTICULAR, THE STUDENT MUST DEMONSTRATE KNOWLEDGE OF THE SPECIAL PRINCIPLES OF THE SUBJECT, AS WELL AS THE SPECIAL CONCEPTS AND CATEGORIES THAT CHARACTERISE TRADE UNION LAW AND THE LAW OF INDIVIDUAL LABOUR RELATIONS, RESPECTIVELY. FURTHERMORE, THE STUDENT SHALL BE ABLE TO DESCRIBE THE CONNECTION BETWEEN THE VARIOUS INSTITUTIONS AND DISCIPLINES AND THE CONSTITUTIONAL AND EUROPEAN PRINCIPLES.
TO THIS END, THE STUDENT MUST DEMONSTRATE MASTERY OF THE TECHNICAL-LEGAL LANGUAGE, WITH PARTICULAR REGARD TO THE SUBJECT OF LABOUR LAW.
THE PURPOSE OF THE TEST IS THEREFORE TO VERIFY THE ABOVE-MENTIONED TRAINING OBJECTIVES.
EVALUATION WILL BE IN THIRTIETHS.
N.B. ONE OR TWO INTERVIEWS MAY BE AGREED UPON WITH THE ATTENDING STUDENTS IN ORDER TO VERIFY THE STATE OF PREPARATION, WITH THE CONSEQUENT POSSIBILITY, IN THE EVENT OF A POSITIVE OUTCOME, TO CARRY OUT THE EXAMINATION IN THE ORDINARY ROLL CALL ON ONLY A PART OF THE PROGRAMME.
Texts
FOR THE PREPARATION OF THE EXAMINATION, LIMITED TO THE TOPICS INCLUDED IN THE SYLLABUS, THE FOLLOWING TEXTBOOK IS RECOMMENDED:
A. VALLEBONA, BREVIARIO DI DIRITTO DEL LAVORO, GIAPPICHELLI EDITORE (LATEST EDITION).
ALTERNATIVE MANUALS MAY BE INDICATED AT THE BEGINNING OF THE COURSE.
FOR THE PREPARATION OF THE EXAMINATION IT IS ALSO NECESSARY TO CONSULT A LABOUR LAW CODE, IN ANY UP-TO-DATE EDITION AVAILABLE ON THE MARKET.
THE USE OF THE CODE IS ALSO NECESSARY IN THE CLASSROOM DURING THE COURSE OF THE LECTURE.
More Information
FOR ANY CLARIFICATIONS REGARDING THE SYLLABUS AND EXAMINATION PAPERS, PLEASE CONTACT THE LECTURER.
Lessons Timetable

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