The course focuses on the regulation of the special process governed by articles 409 and following of the Italian Code of Civil Procedure and aims to provide students with the theoretical and pragmatic approach in order to use and interpret this procedural rules put in place to protect legal relationships related to individual labor disputes, as well as those which govern the special process for layoffs.

Labor disputes and their peculiarities as compared to the ordinary rite - The jurisdiction of the court - The introductory acts and strong foreclosures - The interrogation of the parties and the attempt at conciliation before the trial - The investigative powers of the labor judge and their purpose - The hearing for discussion - The arbitration in the field of labor - The change of rite - The preliminary investigation - The interim sentence measures - The sentence - The appellate process in the labor rite - Procedural provisions of the Workers' Statute - Social security process

There are no specific bridging courses.

Knowledge and understanding

The student will have to demonstrate thorough knowledge of the fundamental elements of civil labor procedural law and its institutes and ability to understand its foundations.

Ability to apply knowledge and understanding

The student will have to demonstrate the ability to illustrate and interpret the main procedural rules of the work and to be able to reconstruct the related interpretative issues. The acquisition of the aforementioned requirements will be verified through discussion in the classroom and in the verification tests aimed at ascertaining the knowledge and communication and argumentative skills.

Making judgments

The student will have to demonstrate the ability to interpret the main application issues of the procedural rules of work by proposing solutions for the related problems. This ability is acquired during the teaching activities and verified in the verification tests.

Communication skills

The student must demonstrate that he is able to communicate clearly, with mastery of legal language, arguments and conclusions relating to the knowledge acquired during the course, correctly assuming the necessary information, formulating ideas and proposing solutions to problems emerging from the interpretation of the procedural rules of work .? Communication skills in the final exam.

Learning skills

The student must demonstrate that he has developed learning skills that will allow him to continue studying with a high degree of autonomy. To this end, he must demonstrate that he knows how to update the knowledge acquired and deepen them in the light of the doctrinal elaboration and above all of the jurisprudence on the labor process also in order to adapt his skills in reference to the different professional contexts in which he will be called to operate. The adequacy of the acquisition of learning skills will be verified through the final exam.

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

Practical exercises with examination and study of cases decided by case law on particularly controversial issues.

Teaching

Lessons held by the teacher. 

Attendance

There is no obligation to attend. In consideration of the type of lesson, of the practical exercises carried out, constant attendance is desirable.

Course books

C. Mandrioli - A. Carratta, Diritto processuale civile, Torino, Giappichelli, vol. III, last ed., limited to the chapter V, sections I-V.

Assessment

Oral exam. The choice of this modality is necessary for an adequate assessment of the level of learning of the subject, in its intimate relations with the civil procedure and the typical characteristics of the work process. The aforementioned modality can also guarantee the assessment of the acquisition of an adequate language in terms of scientificity.

The evaluation criteria and the scale of marks are as follows:

•  less than 18: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”;

•  18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

•  21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

•  24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

•  27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

•  30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

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Attendance

There is no obligation to attend. In consideration of the type of lesson, of the practical exercises carried out, constant attendance is desirable.

Course books

C. Mandrioli - A. Carratta, Diritto processuale civile, Torino, Giappichelli, vol. III, last ed., limited to the chapter V, sections I-V.

Assessment

Oral exam. The choice of this modality is necessary for an adequate assessment of the level of learning of the subject, in its intimate relations with the civil procedure and the typical characteristics of the work process. The aforementioned modality can also guarantee the assessment of the acquisition of an adequate language in terms of scientificity.

The evaluation criteria and the scale of marks are as follows:

•  less than 18: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”;

•  18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

•  21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

•  24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

•  27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

•  30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.