BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
- Knowledge and understanding. The student must demonstrate to have acquired a basic knowledge of Trade Union Rights and of the principal methods of conducting Industrial Relations.
- 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 Industrial Relations.
- 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 Trade Union Rights, applying the respondent regulatory framework.
Course Prerequisites
To take the Trade Union Law 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 professionals operating in the labour market (labour consultants, lawyers, judges, trade union officers, managers). The students will have the opportunity to participate to a moot court referred to Trade Union Rights: participants will be subdivided in two groups and the case will be discussed before a judge of the Labour.
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 and published on the web page of the course. These verifications will concern the topics treated during the lessons and will be based on oral interviews.
The student, in order to obtain a positive judgment during the exam, must be able to demonstrate an in-depth knowledge of Trade Unions Rights and of related doctrine and case law. On the base of this expertise, students are required to express motivated opinions in relation to the evolution of Trade Union Rights and Industrial Relations in recent years, also through the analysis of practical cases examined during classes.
Contents
The course is dedicated to the deepening of the main topics referred to Trade Union Law and Industrial Relations. The following profiles will be treated in depth – through the analysis of case law, collective agreements and the intervention of qualified professionals (labour consultants, lawyers, judges, trade union officers, managers)-: collective bargaining, with specific reference to the relationship between the national collective agreement and company agreements; the evolution of collective bargaining and industrial relations in the last two decades; the freedom of association and trade unions tasks in companies; the process of contrast to anti-unionist behaviours; strike in its different ways of expression; role of bilateral bodies; corporate welfare. Particular attention will be devoted to the relationship between theoretical profiles of the discipline and practical aspects of industrial relations.
Due to the specificity of the topics covered in the course, is strongly recommended a constant frequency of classes.
Analytical course program: The juridical framework of collective bargaining in the light of Civil Law – The evolution of the structure of collective bargaining according to national agreements between main workers’ and employers’ organizations (“interconfederal agreements”) – The rules concerning the temporal succession of collective arrangements – The effectiveness among workers of company collective agreements executed by unitary representative bodies at enterprise level – The “separated” national collective agreement of metalworkers’ category executed in 2009 and the collective agreement applied in the Pomigliano premises – The referendum held in Pomigliano and the specific first level collective agreement applied in the Fiat group – The interconfederal agreement executed on 28 June 2011 – The Article 8 of Law Decree No. 138 of 2011, afterwards converted in Law No. 148 of 2011 – The judgments of Turin Court of 14 September 2011 – The leave of Fiat from Confindustria – Article 19 of Law No. 300 of 1970 and company representative bodies of Fiom-Cgil in companies belonging to Fiat Group – The “hiring case” of Fabbrica Italia Pomigliano – The interconfederal agreement of 31 May 2013 – The judgment held by Constitutional Court No. 231 of 2013 – The “Consolidated text” on trade unions representativeness of 10 January 2014 – The most recent evolutions of Fiat case – Company collective agreements and corporate welfare – The national collective agreement of metalworkers of 2016 – The agreement between Confindustria, Cgil, Cisl and Uil of 9 March 2018 - The national collective agreement of metalworkers of 2021 - The national collective agreement of metalworkers of 2016 – The agreement between Confindustria, Cgil, Cisl and Uil of 9 March 2018 - The national collective agreement of metalworkers of 2025.