BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
- Knowledge and understanding. The student must demonstrate to have acquired a basic knowledge of the main legal institutes of Trade Union Rights and Labour Law.
- Practical capabilities. The student must demonstrate to have acquired the capability to apply the concepts in practical contexts and to specific cases referred to Trade Union Rights and Labour Law.
- Making judgments. The student must demonstrate to be able to assume positions argued and legally sustainable with reference to the topics of the course.
- Communication skills. The student must demonstrate his ability in expressing the knowledge gained with consistency in arguments, systematic precision and appropriate language.
- Learning capabilities. The student must demonstrate to be able to reconstruct the historical patterns and evolution of Labour Law, applying the respondent regulatory framework.
Course Prerequisites
To take the Labor Law exam you must have passed the Private Law and Constitutional Law exams
Teaching Methods
Frontal classes will be supported by the analysis of practical cases realized with an active involvement of students and by meetings with officers of the Guardia di Finanza and public bodies which, with various functions, carry out inspection and control activities on labour relations, professionals, labour market operators (inspectors of the Ministry of Labour and of Inps and/or Inail, labour consultants, lawyers, magistrates, trade unionists, business managers). If the teaching is given in mixed mode or at a distance, changes may be introduced with respect to what is stated in the syllabus to make the course and the exams available also according to these modalities.
Assessment Methods
The examination will consist in an oral interview, and the final mark will be expressed in thirtieths, with attribution of “laude” in case of performances of exceptional quality. The evaluation criteria of the oral interview will be the precision of contents expressed, the clarity in argumentations and the student’s ability in technical analysis and in re-elaboration of the notions acquired.
Attending students will have the opportunity to accede to intermediate verifications under the modalities indicated during lessons.
The student, in order to obtain a positive judgment during the exam, must be able to demonstrate the knowledge of essential elements of Trade Unions Rights and Labour Law, highlighting also their hallmarks in respect to Civil Law. On the base of this expertise, students are required to express motivated opinions in relation to the application of general principles to practical cases.
Contents
The study of the Labour Law concerns the discipline of the organization and of the activity of trade unions and employers’ associations, as well as the regulation of the individual employment relationship.
The course is therefore divided in two fundamental areas:
1) trade union rights: unions freedom and organization, collective bargaining, right to strike and freedom of lockout, collective tools functional to manage company crises; rules on the exercise of trade union freedom of the personnel of the Armed Forces and of the military police forces (Law 46/2022)
2) labour law in strict sense: the legal framework of dependent work, the structure of the wage labour agreements, the discipline of the individual employment relationship.
With reference to both the areas, theorical studies will be supported by the analysis of practical cases, realised on the basis of the judgments and other materials and also through the advices of professionals operating in the labour market.
Analytical course program: The legal sources of Labour Law – The freedom of association regulated by Article 39, paragraph 1, of the Constitution – The freedom of association in the light of Title II of Law No. 300 of 1970 – Trade unions representativeness and representation – Company trade union representative bodies and unitary trade unions representative bodies – The instruments to contrast anti-trade unionist conducts – Collective bargaining – The juridical elements of collective agreements regulated by Civil Law – Collective agreements in the Civil service – Right to strike and freedom of lockout – The discipline of right to strike in essential publics services – The evolution of the legal framework of wage labour – The discipline of wage labour as a mandatory regulation – Main case law in relation to the qualification of the labour relationship – Hetero-organized work and coordinated and continuous collaboration agreements – The establishment of a labour relationship – The employees’ duty of care – The regulation of professional levels – The limits to the employer’s powers - The ban on discrimination – The employer’s disciplinary power and the duty of loyalty – Salaries and severance packages – Health and safety on working places – The circumstances in which the labour relationship can be suspended – Ancillary and contingent work – The discipline of internships – The termination of the labour agreements: resignations, terminations for mutual consent and layoffs – The workers’ legal protections against unjustified layoffs – The discipline of collective dismissals – Non-standard work and, in particular, working relationships with term – The discipline of apprenticeship agreements – The employment relationships with reduced or flexible working time and, in particular, part-time work – The regulation of temporary work, secondment and procurement of work – The regulation of working relationships in case of transfer of the undertaking.