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
Private Law - Constitutional Law
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, 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 reelaboration
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;
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.