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


LABOUR LAW
DIRITTO DEL LAVORO

A.Y. Credits
2021/2022 8
Lecturer Email Office hours for students
Natalia Paci

Assigned to the Degree Course

Economics and Management (L-18)
Curriculum: AMMINISTRAZIONE D'IMPRESA E PROFESSIONE
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course aims to provide students with the necessary knowledge to understand the fundamentals of the subject, in its individual and collective aspects, as well as to address its main enforcing issues.

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. In the discussion, particular attention will be paid to the analysis of jurisprudential cases and sentences with the aim of making people understand the role of jurisprudence in the progressive definition of the matter.

Program

Historical introduction. The sources of labour law.

1. TRADE UNION LAW:  Freedom of association. Trade union organization. Representation and trade union representation. Trade union activities in the workplace.Trade union rights. Repression of anti-union behaviour. Bargaining and the collective agreement. The strike.

2. THE RIGHT OF THE EMPLOYED WORKER: The individual employment relationship: from the origins to the so-called Jobs Act. The employment contract: its classification and contractual matrix. Obligations of the worker. Powers and duties of the employer. Obligation of health and safety. Remuneration. Subjective changes of employment. The flexible contracts. Decentralizing production. Individual and collective dismissals. Unemployment, social welfare and employment services.

Bridging Courses

Elements of Private Law

Learning Achievements (Dublin Descriptors)

Knowledge and understanding: At the end of the course, students will have the necessary tools to understand the rules governing the labour relations, in their individual and collective aspects. We expect, in particular, that they will acquire an overview of the discipline, as well as a good understanding of the main issues addressed.

Applying knowledge and understanding: Students must know how to analyze legal documents (laws, collective agreements, law case); they also must deal with case studies related to personnel management and labour relations. These results will be achieved through exercises related to case studies, seminar meetings.

Making judgemets: students must know how to read and interpret critically the topics, combining knowledge with their point of view. This means knowing how to deal with different aspects of the subject independently and with one’s own judgment. Teaching methods to achieve that goal will be: lectures; group work and seminars; production of written papers.

Communication skills: students must acquire the ability to express themselves clearly and correctly and demonstrate a good knowledge of technical and legal language related to the topic during the dialogues with the teacher and with their peers . These results will be achieved by means of: interventions in the classroom; group discussions; exposure and summary of some topics covered in previous lessons or written papers.

Learning skills: students must have developed the learning skills necessary to constant and rapid updating of their knowledge, as well as the acquisition, by themselves, of expertise and associated professional skills to enter the labour world. The teaching methods to achieve these results will be: lectures; and group discussions; dialogue with the teacher, seminars, production of written papaers.

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

No support activities are organised with persons other than the lecturer.


Didactics, Attendance, Course Books and Assessment

Didactics

Frontal lessons with the support of sliedes; in-depth seminars; classroom discussion and study of jurisprudential cases, Role Playing.

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 come to the classes with an updated Labour 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, Utet, Torino, latest edition, (Cap.I; Cap.II; Cap.IV; Cap.V; Cap.VI; Cap.VII; Cap.VIII; Cap.IX; Cap.X; Cap.XII, solo lettere A e B).

b) Individual Employment Relationship:

  • F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del Lavoro. 2. Il rapporto di lavoro subordinato, Utet, Torino, latest edition (cap I; cap. II eccetto paragrafo 10; cap. III; cap. IV,  cap. V, cap. VI; cap. VII eccetto lettera C; cap. VIII, cap. IX, cap. X eccetto lett. A, cap. XI, cap. XII). 

  • Or as an alternative: G. PROIA, Manuale di diritto del lavoro, latest edition, Wolters Kluwer-Cedam, Milano.

For optional English documents, please see Blended Platform, where you can find some documents on one or more current labour law topics. The students can choose one or more of these cases and discuss them in the oral examination.

For attending students, any further instructions and readings will be provided by the lecturer during the classes.

Warnings: for references, it is recommended to use an updated labour code or access to www.normattiva.it.

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;

·  18-20/30 – sufficient level;

·  21-20/30 – fully sufficient leve;

·  24-26/30 – good level;

·  27-29/30 – very good level;

·  30/30 cum laude: excellent level.

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

The course materials and the specific disclosure of the teacher is available, along with other support activities within the Moodle> blended.uniurb.it platform

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.

Students are asked to consult the regulatory sources on an updated Labor Code or with access to www.normattiva.it.

Course books

a) Trade Union Law:

- F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del Lavoro. 1. Il diritto sindacale, Utet, Torino, latest edition.

b) Individual Employment Relationship:

  • F. Carinci, R. De Luca Tamajo, P. Tosi, T. Treu, Diritto del Lavoro. 2. Il rapporto di lavoro subordinato, Utet, Torino, latest edition. 

  • Or as an alternative: G. PROIA, Manuale di diritto del lavoro, latest edition, Wolters Kluwer-Cedam, Milano.

For optional English documents, please see Blended Platform, where you can find some documents on one or more current labour law topics. The students can choose one or more of these cases and discuss them in the oral examination.

For attending students, any further instructions and readings will be provided by the lecturer during the classes.

Warnings: for references, it is recommended to use an updated labour code or access to www.normattiva.it.

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;

·  18-20/30 – sufficient level;

·  21-20/30 – fully sufficient leve;

·  24-26/30 – good level;

·  27-29/30 – very good level;

·  30/30 cum laude: excellent level.

Notes

For students with disabilities, upon prompt notification to the teacher, with the support of the University of Urbino's "Disabled Students Desk", individualized teaching and assessment methods can be agreed in consideration of special certified needs.

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