Labor Law - A Glossary of Texts and Graphics

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1 A): GENERAL INFORMATION: Degree Course: GIURISPRUDENZA Course: LABOUR LAW Professor: GIORGIO FONTANA Other Professors: Scientific Disciplinary Sector: IUS 07 Credits 14 Teaching Hours: 84 Course year: Semester/year: YEAR B) SPECIFIC INFORMATION: Syntetic description of Course: THE COURSE IS DIVIDED INTO TWO PARALLEL TEACHINGS: ON THE ONE HAND INDIVIDUAL LABOUR LAW AND ON THE OTHER INDUSTRIAL RELATIONS LAW. THE COURSE AIMS TO PROVIDE KNOWLEDGE OF THE LEGAL AS WELL AS CONTRACTUAL REGULATIONS ABOUT THE EMPLOYMENT RELATIONSHIP. THE COURSE ALSO AIMS TO TEACH THE METHODOLOGY OF STUDY OF LABOUR LAW AND PROVIDE FAMILIARITY WITH THE MAIN LEGAL ISSUE AND WITH THE SYSTEM OF LABOUR LAW SOURSE AS WELL AS WITH THE MAIN ECONOMIC ASPECTS. LEARNING OBJECTIVES ARE THAT STUDENTS KNOW, AT THE END OF THE COURSE, BASICS OF THE MATTER AND THEY CAN TO UNDERSTAND THE ISSUES OF LABOUR LAW IN THE FRAME OF THE CONTEMPORARY SOCIAL AND ECONOMIC CONTEXT. Course entry requirements: THE COURSE REQUIRES THE KNOWLEDGE OF PRIVATE LAW AND, IN PARTICULAR, OF CONTRACT LAW AND SOURCES SYSTEM. FINALLY IT IS RECOMMENDED THE KNOWLEDGE OF THE GENERAL CONSTITUTIONAL LAW. Expected Results of the Course: THE COURSE WILL TO PROVIDE AN IN-DEPTH KNOWLEDGE OF THE INDIVIDUAL LABOUR AND OF LABOUR INDUSTRIAL RELATIONS ABOUT TO THE MOST IMPORTANT THEORETICAL ASPECTS AND ABOUT TO ANALYSIS OF RECENT REFORMS. DURING THE COURSE A SPECIFIC ATTENTION WILL BE DEVOTED TO THE ANALYSIS OF CASE LAW. THEREFORE AT THE END OF THE

2 COURSE THE STUDENTS MUST BE ABLE TO COMBINE THE THEORY OF LABOUR LAW AND INDUSTRIAL RELATIONS WITH THE JURISPRUDENCE. Course Content: Part I Historical profiles and current trends in labor law. Part II The employment 1. The employment relationship - The concept of subordination: the definition of art of the Civil Code and the contribution of the law; - The employment contract and individual autonomy; - The integration of heteronomous labor contract; - Nullity and annulment of the contract of employment; - Binding nature and unavailability of workers' rights and the system of waivers and transactions. - The execution of job performance: the obligations of the worker; - The managerial authority and organizational structure of the employer. - The exercise of the power of directors: the organization of workers (categories, qualifications and duties); - The limits of jus variandi and the protection of workers' professionalism: the different categories of compensable damage; - The power to control and regulate the power of the employer: limits and operational procedures; - The disciplinary dismissal; - The transfer of the worker; - The working hours; - The remuneration; - The principle of equality, the principle of non-discrimination and equal treatment in employment law; - From the protective logic to the logic of equality. Substantive equality and equal opportunities. - The anti-discrimination legislation. - The rights and protection of migrant workers; - The grounds for suspension of the employment relationship: injury, illness, leave, permission and expectation. - The termination of the employment relationship: resignation and dismissal; - The individual dismissal for just cause and subjective justification; - The dismissal for just cause and for economic reasons; - The discriminatory dismissal; - The assumptions residual redundancy nutum; - The notice; - Control over the motivation of withdrawal and the protection of the worker; - The sanctions regime: the protection required and the real protection; - The severance of employment. - The limitation of rights and claims to be working; - The protection of individual workers: an obligation of safety and health protection; - From the L. n. 626/1994 to the Consolidated Act no. 81/2008: the evolution of the discipline in the field of health and safety in the workplace; - Bullying and harassment in the workplace: qualification of the case and the penalty system;

3 - The liability of the employer and reimbursement of damages; 2. Flexible contracts - Typical model and "atypical" forms of work: the characters of differentiation of the case in relation to the duration of the contract, at the time of work and the characteristics of the worker or the employer. - The contract of fixed-term employment: the law n. 230/1962 to D. Decree no. 368/2001 and repeated changes in the regulations - The new fixed-term contracts in the public sector; - The fixed-term contract in the national case-law and the European Court of Justice; - The ratio of part-time work and the promotion of reconciliation of life and work; - The contract of apprenticeship and other training contracts; - The administration of labor and brokerage; - The work is not conditional upon: the coordinated and continuous collaboration, the project contract, the provision of self-employment; work in joint venture. 3. Events of the company. - The transfer of business and the protection of workers; - The outsourcing; - The tender for works or services; - The separation of the worker. - The crisis of the company and the law relating to collective redundancies: the reduction of personnel and the redundancy. - The procedures of collective dismissal and disciplinary system. - The instruments to cushion the social effects of collective redundancies: the different types of income assistance; solidarity contracts and other social safety nets; 4. The employment relationship in public administration. - Evolution of the discipline of public work: general principles; - The privatization of the public sector and the scope of the reform; - Profiles organizational and employment in the public sector - The recruitment of staff; - Classification of civil servants and wage structure; - Jus variandi and protection of professional workers in the public sector; - The obligations of civil servants and disciplinary profiles; - The mobility of public employees; - The leadership; - The termination of the employment in public administration; - The flexibility in the working relationship with the public administration; - The new rules on civil servants: the Enabling Act March 4, 2009 n. 15 and 27 October 2009 implementing decree n. 150 (the so-called. Reform Brunetta). Part III - Historical evolution of trade union rights: the historical origins of trade unionism. - The union and trade union rights in the liberal period and during corporate. - The union in the Republican Era. - Freedom of association in the Constitution; - The post-constitutional legislation and the support of the '80s;

4 - The season of social dialogue: the Protocol of Reforms missed and the current phase: the role of the union in the exercise of public functions; - The Bilateral Agencies; - The trade union representation. Historical evolution and crisis of "greater representativeness". - The union representation: RSA and RSU; - The specificity of the representation of workers' safety; - Other organizations representing workers at the supranational level: European Works Councils. - Representation of association and involvement of employees in the company. - Representation and trade union representation in the public sector; - Trade union rights of Title III of the Statute of Workers. - The anti-union behavior and its repression; - The collective agreement. The issue of effectiveness of the collective agreement; - The performance objective of the collective agreement; - The relationship between law and collective agreement; - The relationship between collective and individual employment contract; - The system of collective bargaining in Italy and contractual levels; - National bargaining category and decentralized bargaining: the relationship between collective agreements at different levels; - The collective agreement in the public sector; - The right to strike: the repression of the strike to his constitutional recognition; - The ownership and operating mode: the inner and outer limits; - The strike in essential public services. - The conflict of the self-employed; - The lockout of the employer; - The latest reforms in collective bargaining and debate legislative guide on strike, collective representation of interests and union representation. Assessment of learning process: FINAL ORAL EXAM Description of assessment of learning process: THE FINAL ORAL EXAM CONSISTS OF AN IN-DEPTH DISCUSSION AIMED TO VERIFY THE LEVEL OF THE KNOWLEDGE OF THE SUBJECT. Suggested Texts: For Labor Law: - CARINCI - DE LUCA TAMAJO - TOSI - TREU, Law, Employment Law. The employment relationship, UTET, latest edition Or - M. ROCCELLA, Handbook of labor law, Giappichelli, latest edition. For Industrial Relations:

5 - CARINCI - DE LUCA TAMAJO - TOSI - TREU, Trade Union Law, UTET, latest edition. Or: - B. CARUSO-A. ALAIMO, Trade Union Law, Bologna, Il Mulino, G. GIUGNI, Trade Union Law, Cacucci, Bari, 2010.