BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
The course aims to provide the conceptual and methodological basis for understanding labour law and its rules. The course aims to provide the basic interpretative tools regarding the structure, logical categories and effects of employment contracts, developing appropriate logical and linguistic skills and also critical capabilities. Specific attention will be paid to the correct application of the law in the various employment contexts of reference in the light of recent reforms. At the end of the course the student has a basic knowledge of the subject, knows how to apply the notions learned regarding the constitution of the relationship, the events that characterise its development and the pathological circumstances that may occur. The knowledge acquired will enable the student to move in concrete contexts demonstrating lexical competence, systematic rigour and argumentative capacity for the analysis and resolution of issues related to labour relations focusing on the subject's commitment to the goals of Agenda 2030, in particular goals 1, 3, 5 and 8. The course contributes to the realisation of the Agenda 2030 Sustainable Development Goals. Particular attention will be paid to Goal 8: Promoting sustainable, inclusive and sustainable economic growth, full and productive employment and decent work for all together with Goal 1: Ending all forms of poverty in the world Goal 5: Achieving gender equality and empowering all women and girls. The didactic content of the course reflects the dimensions of sustainability with the intention of integrating these dimensions in a systemic manner into the knowledge and skills being formed. The intention is to develop, within the teaching environment, awareness and knowledge towards issues of work, gender, consistent with the commitment to sustainable development and gender equity, strategic directions of which the University is an advocate and which it has been pursuing for some time. Learning outcomes A) Knowledge and understanding: The student shall demonstrate that he/she has acquired adequate knowledge of the latest legislative reforms adopted in the field, with specific reference to the 'digital' labour market, as well as the ability to understand the purposes, contexts and consequences of the policies of law implemented in recent times in labour matters. B) Ability to apply knowledge and understanding: The student will have to demonstrate the ability to apply the knowledge acquired in order to interpret legal norms and case law guidelines. C) Autonomy of judgement (making judgements): The student shall demonstrate that he/she has acquired an adequate ability to qualify and interpret concrete cases in order to address legal issues with method and autonomy of assessment. D) Communication skills: The student must demonstrate that he/she has acquired full command of the legal language, as well as the ability to illustrate the logical-legal path followed in solving problems and to argue the conclusions reached. E) Learning skills: The student will have to demonstrate that he/she is able to independently follow regulatory and jurisprudential developments in the field, in order to update his/her skills.
Course Prerequisites
Teaching Methods
Teaching will be delivered through lectures, supported by explanatory PowerPoint presentations. During the course, some lectures will be co-taught with foreign lecturers in order to foster not only a comparative view of the topic but also the acquisition of language skills (for a total of approximately 10-12 hours). During the course, in-progress tests will be administered to students (in-depth study of certain topics with classroom presentations, discussion of cases, continuous tests) as well as intermediate tests in the form of open-ended-question tests, at accompanying students in their learning of the subject. A maximum of 3 points will be awarded for participation in these activities, which will count towards the final grade. During the course, exercises, seminars and case analyses may also be organised, aimed at deepening the understanding of particular topics with the involvement of both students and experts in the field (lawyers, judges, labour consultants) (for a total of approximately 6). As part of the course, educational trips will be organised to the Court and/or to the Tax Commission with the assistance of the lecturer in order to deal with particular topics (case studies will be analysed in advance to check the possession of pre-knowledge) (for a total of approx. 4 hours). The lectures, although predominantly theoretical in nature, include the analysis of concrete examples, so as to enable the student to deepen also the applicative profile of the issues dealt with, a decisive aspect to form a professional profile suitable to operate either in the private sector and in particular in the sectors relating to Legal Affairs, General Affairs, the General Secretariat; or as a business legal operator; for collaboration in the activities of jurisdictional bodies; collaboration activities in legal and notary offices; and in the public sector as a legal operator in the offices of central administration and local authorities. The didactics will also be set up to build a professional profile suitable for the further professional outlet that is the profession of labour consultant, after passing the state exam and registration in the special register of labour consultants. Exercises and periodic learning assessment activities are also envisaged.
Assessment Methods
The questioning will be structured in two to three questions on the entire syllabus in order to verify the students' acquisition of the fundamental knowledge of the subject matter; the ability to systematically frame the subject matter, the property of language and the demonstration of being able to connect and critically analyse different topics.
Participation in the in itinere - intermediate tests carried out during the course, for which the teacher awards a maximum of 3 points, will be taken into account when formulating the final grade. These in itinere tests of knowledge are intended to help students acquire autonomy of analysis, judgement and communication skills.
Intermediate written tests will be composed of questions with open/closed answers and referring only to a part of the course syllabus taken before the test date. The outcome of the test will only be taken into account in the final oral examination for the purposes of awarding the grade.
An oral examination on the part of the syllabus not covered by the midterm is added to the written midterm. The average of the two marks (only if both are positive) will give rise to the final grade.
Contents
Historical profile and systematic framework. The sources of labour law: Constitution, law and contract in the regulation of the employment relationship. Fundamental rights. The organisation and legal order of the labour market: labour market actors, active policies, access to the labour market, job placement, undeclared work, inspection activities. Employment contracts: subordination, organisation and relations with special disciplines. The employment contract, the elements, parasubordination, occasional work, self-employment, smart work, work and organisations in associative form, special employment relations, hints at the employment contract in public administrations. Fixed-term work, contracts for training purposes, outsourced work, staff leasing, secondment, home working, company transfers. The constitution of the employment relationship and the administration of the employment relationship. The legal repercussions of the relevance of the person of the employee. The employee's duties and the employer's powers: The directive power. The power of control and disciplinary power. The professionalism of the worker: object of the contract, legal categories, duties and jus variandi. The obligation of safety in the workplace. Remuneration methods and techniques. Wage subsidies, unemployment benefits and instruments for integration and relocation in the labour market. Discrimination. Evaluation of performance, transfer and posting. Working hours, rest, holidays, part-time work, intermittent work, employment contract and supervening inability to work, suspension of the relationship, illness, accident, pregnancy maternity and paternity. Termination of employment contracts: consensual termination, resignation and dismissal.The legal model of compulsory dismissal and judicial control of the grounds. Sanctions against unlawful dismissal. Dismissal for staff reduction. The protection of workers' rights. Mandatory protection: waivers and transitions, prescriptions and forfeitures, privileges and guarantee fund. Judicial protection: outlines of the labour process; dismissal litigation.
In the light of the digital revolution, the course will take into account the Regulations on AI, GRDP and Directive No. 2831 of 2024 to observe the impact of platform work in the Italian system, together with the rulings pronounced on the subject of riders (starting with the Amazon Case) and the reforms adopted, within the framework of Legislative Decree No. 81/2015, to provide protection to work rendered through digital platforms.
Online Resources
More information
Erasmus students, students who have to take the exam with fewer credits and for any other clarification, are invited to contact the teacher directly. During the lessons will be recommended further reading and comparative work.
It should be noted that part of the lessons will be done with foreign co-teachers