Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


TRADE UNION AND LABOUR LAWS (PRIVATE AND PUBLIC SECTORS)
DIRITTO SINDACALE E DEL LAVORO PRIVATO E PUBBLICO

A.Y. Credits
2018/2019 9
Lecturer Email Office hours for students
Piera Campanella before and after lessons

Assigned to the Degree Course

Law Degree for Labour Consultancy and Safety at Work (L-14)
Curriculum: PERCORSO COMUNE
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course aims to provide students with the knowledge necessary to understand the basic features of the subject, as far as its individual (individual employment relationship) and collective (trade union law) aspects are concerned, copying with both the theoretical and operational levels. 

Firstly, students will increase their awareness of labour law as a special legal system with regard to private law and corporate law. Secondly, they will understand the legal framework, characterised by a specific intertwining of law, collective agreements and individual agreements. Finally, they will examine the rules governing the establishment, the management and the extinction of the employment relationship. International and European labour law will be analysed in the general frame of the legal sources with particular reference to the supranational level that is becoming more and more influencial vis à vis the national level.

In general, the aim is to encourage students to take an open approach to the subject in order to understand the core of a changing law due to technological developments of the global production system.

The course is based on the analysis of workers' organization and collective bargaining agreements in the private and public sectors, trade union law, the employment contract, the classification of the employment relationship, employee’s obligations, employer’s safety obligations and powers, the "disciplinary" and economic dismissals also due to the company's crisis, labour law in public administrations, regarding the regulation of the employment relationship.  

In particular, according to the peculiarities of this course, an effort will be made in order to achieve a satisfying knowledge about the following topics:

- legal sources;

- trade union representation, collective agreements;

- the employment contract and the classification of the employment relationship;

- the establishing of the employment relationship, employment services and the surveillance at work;

- the staff management, managerial powers and worker’s obligations, the income and the productivity at work, the health and safety at work;

- the extinction of the employment relationship;

- the company’s crisis and employment relationships;

- the indirect and flexible labour;

- work in public administrations.

Program

This course will deal with the following topics:
-  The history, the fundamental principles and several aspects of the labour law.
-  Supranational and national sources of labour law.

a)  Trade union law
Historical introduction – the relations between trade union law and employment relationship – the freedom of association – the freedom of association as freedom of organization: the structure and the nature of the trade union – the freedom of association as freedom of action: the collective conflict – the trade union representation, the representativeness and the trade union activity in workplaces – trade union’s participation, the bargaining and the collective agreement in the private and public administrations.   

b)  Labour law

The nature of the employment contract between employment, dependent employment, self-employment - work and non-work, performance based on rewarded or a free of charge job – the contractual matrix of the employment relationship: the employment contract and its compliance – employees’ obligations and employers’ powers – anti-discrimination law – suspensions of the employment relationship - the  job performance duration – the income and work environment – the resignation and “disciplinary” dismissal – the company’s crisis, economic dismissal and social safety net – the indirect and flexible labour – work in public administrations.

Bridging Courses

Private Law.

Constitutional Law. 

Learning Achievements (Dublin Descriptors)

- Knowledge and understanding skills: at the end of the course, students are expected to acquire the tools for understanding the rules governing employment relationships in their individual and collective aspects and to gain a comprehensive knowledge of labour law, with particular reference to some aspects of policy of law, and to gain an advanced knowledge of the main topics.   

- Practise knowledge and understanding skills: at the end of the course, students are expected to be able to use the knowledge gained to analyse legal documents (laws, collective agreements, sentences) and, therefore, to handle case studies regarding the staff management and industrial relations. To this end, exercises concerning case laws and/or business cases and work groups on topics subject to specific workshops will be performed in class. 

- Making judgments: at the end of the course, students are expected to read and interpret critically the topics dealt with, combining both the knowledge gained and their own point of view. This means that they will be able to manage different aspects of the subject autonomously and critically. To this end, face to face lessons, group works and workshops and writing will be performed in class.

- Comunication skills: at the end of the course, students are expected to express themselves clearly and properly and to use the technical-legal language of the subjects. To this end, debates, summaries of subjects examined in previous lectures and writing will be performed.

- Learning skills: at the end of the course, students are expected to develop their understanding skills and to acquire, autonomously, professional skills necessary to enter the labour market. To this end, face to face lessons, workshops, writing, group works, debates in class, and conversation with the professor will be performed in order to take an open-to-doubt approach and to promote durable learning skills in extremely dynamic contexts such as the modern work organizations. 

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

In addition to the lectures, two workshops with an interdisciplinary method (Labor Law - Social Security Law - Tax Law) and an active learning are planned. They are aimed at encouraging students to take an operational approach as well as at improving their teamwork skills (v. infra "Didactics"). These activities are based on case study exercises and managed in class by job counseling experts under the supervision of the professor. 

The professor may organise other initiatives in class (work groups, case law exercises or negotiating texts exercises) with particular reference to both specific interests expressed by students in class and other labour law topics.


Didactics, Attendance, Course Books and Assessment

Didactics

This course is based on face to face lessons and active learning.

The face to face method aims to provide students with theoretical basic knowledge through lectures supported by the professor with slides and internet. Internet shows the main websites about labour law (the legislation, public authorities, “social partners”) and allows to find documents such as newspaper articles about topical issues, judgments and collective agreements at both national and company levels. These agreements are analysed in order to know their structure and also as a common intersection for trade union law and individual employment relationship.

The active learning aims to develop understanding and management skills of "critical situations" by putting theory into practise. In fact, team-building exercises will be promoted in class by the professor and then discussed togheter under the supervision and the guidance of the professor and other people involved from time to time in the activity (professional, trade unionist, scholars of the subject). Two initiatives are planned for the coming year (v. supra "Teaching material and supporting activities"). 

The first initiative is aimed at enhancing the interplay between the collective autonomy and some aspects of the individual employment relationship, engaging the students in a roleplaying activity about topics such as collective agreements at the company level and the salary productivity. The professor will organize it in collaboration with a person from the most representative business organization at the local level who is an expert of labour law issues and industrial relations. The second initiavite is aimed at looking into an issue of crucial importance in the frame of the employment relationship. It will involve students in deepening the topic related to the classification of the different employment relationships, from an interdisciplinary perspective that concern labour law, social security law and tax law, and from an operational perspective with the partecipation of a consultant job and a presentation of a case study.  

Attendance

For a better understanding, students are strongly encouraged to refresh their basic notions of private law and corporate law (consistently with their own study path) regarding: sources of law; associations; society; company; bonds; contract.

Attending students should show up in class with an updated labor code and the course books.

Course books

 a) trade union law: F. CARINCI, R. DE LUCA TAMAJO, P. TOSI, T. TREU, Diritto del lavoro 1. Il diritto sindacale, the latest edition of UTET, Torino.

b) individual empoyment relationship: F. CARINCI, R. DE LUCA TAMAJO, P. TOSI, T. TREU, Diritto del lavoro 2. Il rapporto di lavoro subordinato,the latest edition of UTET, Torino.

However, for general consultation of legal and contractual rules, the use of an updated Work Code is strongly recommended (the latest edition of Giuffrè, Milan, is recommended). 

Assessment

The expected learning outcomes are assessed through an oral examination concerning topics discussed in the lessons and in the above-mentioned course books. The oral examination allows a comprehensive assessment of each student, in terms of his/her knowledge and, mainly, his/her practical, argument and critical thinking skills as well as his/her communication skills.

The examination consists of an oral discussion about 1-4 general and related to the main topics issues. This approach should show the student's level of knowledge. It will be assessed according to the following criteria: 1. Comprehensive knowledge of the contents; 2. Confidence in the subject and in its main concepts; 3. Reasoning and coordination skills of the different aspects of the labour law; 4. Ability to use knowledge in a critical and autonomous way; 5. Communication skills in terms of linguistic ability and the technical-legal vocabulary.

The score will be expressed in thirtieths according to the following value system:

·  Below 18/30 – insufficient level: the student does not achieve any of the learning outcomes included in the "Knowledge and understanding skills" paragraph;

·  18-20/30 – sufficient level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph;

·  21-20/30 – fully sufficient level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph and "Practise knowledge and understanding skills" paragraph;

·  24-26/30 – good level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph and “Self-assessment” paragraph;

·  27-29/30 – very good level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph, “Self-assessment” paragraph and “Communication skills” paragraph;

·  30/30 cum laude: excellent level: the student achieves the learning outcomes included in the "Knowledge and understanding skills" paragraph, "Practise knowledge and understanding skills" paragraph, “Self-assessment” paragraph, “Communication skills” paragraph and “Understanding skills” paragraph.

Both attending and not attending students have to pass the final oral examination regarding the two above-mentioned course books. Only attending students can do the final examination divided into two parts: the first part is on trade union law (a); the second one is on individual labor law (b).

The final score, always expressed in thirtieths, will be the result of the mean of the two parts.

Additional Information for Non-Attending Students

Didactics

After appointment, the professor will be available to settle arrangements in order to support student-workers, even via skype calls, to the preparation of the final examination.

Course books

Individual study of the course books above mentioned and the material uploaded on the Moodle platform

Assessment

The final examination consists of an oral exam concerning the issues addressed in the two above-mentioned course books.

The assessment criteria of the examination are the same as those already mentioned for attending students.

Notes

The department hosts the “Osservatorio Olympus” for the permanent monitoring of legislation and case law in the field of health and safety at work.

Olympus carries out some activities:

-  a website including a database with regard to the legislation and case law in the field of health and safety at work;

-  articles, specialist reviews and thematic "focus";

-  an online scientific magazine – “Diritto della sicurezza del lavoro” (DSL) – on health and safety at work. It is equipped with ISSN code and it is based on a large international scientific committee and a referred process;

-  the organization of international conferences and workshops. Olympus is a free website and allows students to find useful materials in order to study and write down their thesis.

http://olympus.uniurb.it/

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