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. 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.
To summarise, by the end of the course, students will be able to: understand the historical and constitutional development of labour law; correctly classify employment relationships; interpret the legal framework governing employment relationships;critically analyse the main issues in case law; use the technical terminology of the subject; apply legal principles to the resolution of practical problems.
Course Prerequisites
YOU CANNOT SIT THE LABOUR LAW 1 EXAM UNLESS YOU HAVE PREVIOUSLY PASSED THE PREREQUISITE EXAMS
Constitutional Law is a prerequisite for the exams in the following subject areas: IUS/07, IUS/08, IUS/09, IUS/10
Private Law is a prerequisite for the exams in the following subject areas: IUS/01, IUS/02, IUS/04, IUS/07, IUS/15
Labour Law I is a prerequisite for Labour Law II
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). 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.
The course will be delivered using a systematic approach focused on learning outcomes, promoting not only the acquisition of fundamental knowledge of the subject, but also the development of the ability to critically interpret legislative sources and case law, to apply labour law principles to the resolution of specific cases, and to formulate legally reasoned assessments of the main issues in contemporary labour law, in line with the educational objectives of the degree programme and with the quality assurance principles set out in the AVA 3 system and the European Standards and Guidelines (ESG).
Assessment Methods
In general, the assessment of knowledge acquisition and the achievement of learning outcomes takes the form of an oral examination, and marks are awarded on a scale of 30, with honours where applicable. The examination is designed to assess: knowledge of the fundamental principles of labour law; the ability to interpret statutory provisions; mastery of legal language; the ability to critically link the various principles; and the ability to apply the knowledge acquired to the resolution of specific cases.
In general, the assessment of knowledge acquisition and the achievement of learning outcomes takes the form of an oral examination, and marks are awarded on a scale of 30, with honours where applicable. The examination is designed to assess: knowledge of the fundamental principles of labour law; the ability to interpret statutory provisions; mastery of legal language; the ability to critically link the various principles; and the ability to apply the knowledge acquired to the resolution of specific cases.
The examination will consist of two to three questions covering the entire syllabus, with the aim of verifying that students have acquired the fundamental knowledge of the subject. When determining the final mark, participation in ongoing assessment activities – mid-term tests held during the course – will be taken into account; the lecturer awards a maximum of 3 marks for these activities. These ongoing assessments of knowledge are designed to guide students towards developing independent analytical and judgemental skills, as well as communication skills. The mid-term written tests will consist of questions with open-ended or closed-ended answers, covering only a portion of the course syllabus completed prior to the test date. The result of the test will only be taken into account if it is a pass during the final oral examination for the purposes of awarding the mark. In addition to the mid-term written exam, there will be an oral exam covering the part of the syllabus not covered by the mid-term exam. The average of the two marks (provided both are passing) will constitute the final mark.
The lecturer reserves the right to request a supplementary oral examination, even after the written examination has taken place, should this be deemed necessary in order to assess whether the knowledge and skills set out in the course learning objectives have actually been acquired and to ensure that the mark is awarded correctly.
Please note that, with effect from the September 2021 examination session, the lecturer will apply the ‘skip the next session’ rule to students who are absent from the exam without valid reason.
Contents
The course analyses the fundamental principles of labour law, tracing its historical and constitutional development and examining in depth the legal framework governing the employment relationship in the light of the economic, technological and social changes that have affected the labour market.
Particular attention will be paid to the progressive balance between freedom of economic initiative, the employer’s organisational powers and the protection of the fundamental rights of workers, including in the light of European Union law and developments in national and European case law.
To this end, the following will be analysed respectively: - changes in labour law: the origins and evolution of labour law; labour in the Constitution; national, supranational and European sources; the role of collective bargaining. The main labour market reforms and the evolution of legislative policies up to the most recent measures; - the employment relationship in the contemporary economy: Subordination as a legal category. The distinction between employment, self-employment and coordinated and continuous collaborations. The criteria for classifying the relationship. Third-party organised collaborations. Work via digital platforms. The role of classification in worker protection; - the organisation of the enterprise and the employer’s powers: managerial, organisational, disciplinary and supervisory powers. The limits imposed by the Constitution, the Workers’ Statute and legislation on the protection of personal data. The exercise of employer powers in the digital environment. Disciplinary proceedings and safeguards for workers; - the protection of the individual in the employment relationship: Health and safety in the workplace. Article 2087 of the Civil Code. Risk prevention. Organisational wellbeing. Discrimination. Workplace bullying, work-related stress and other forms of violation of personal dignity. The protection of confidentiality and personal data in the employment relationship; - Professionalism, organisation and mobility of the employee: job duties. Professional classification. The right to change job duties. Demotion. The promotion of professionalism. The transfer of employees and the balance between the organisation’s operational needs and the protection of the individual; - working time and remuneration: working hours. Rest periods and annual leave. The constitutional framework governing remuneration. Article 36 of the Constitution. Remuneration systems. The debate on the statutory minimum wage. Suspensions of the employment relationship; - termination of the employment relationship: resignation. Individual dismissal. Just cause and valid grounds. Disciplinary proceedings. Protections against unlawful dismissal. The evolution of Article 18 of the Workers’ Statute and the ‘contract with increasing protections’ in the light of constitutional case law; - flexibility and new forms of work organisation: Fixed-term contracts. Temporary agency work. Contracting out and secondment. Part-time work. Intermittent work. Remote working and new ways of organising work.
During the lectures, the following topics will be explored in depth, including through the analysis of national and European case law and practical case studies concerning the impact of digitalisation and artificial intelligence on the organisation of work; the balance between a company’s organisational power and workers’ fundamental rights; the protection of personal dignity, health and privacy in the employment relationship; the influence of European Union law on the development of Italian labour law; and the most recent rulings of the Constitutional Court and the Court of Cassation.
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