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


LABOUR LAW
DIRITTO DEL LAVORO

Labour Law
-- Corso di Laurea Magistrale in Giurisprudenza

A.Y. Credits
2015/2016 12
Lecturer Email Office hours for students
Paolo Pascucci before and after lessons (tuesday 5-7 p.m.; wednesday 3-5 p.m.; thursday 9-11 a.m.)

Assigned to the Degree Course

Law (LMG/01)
Giorno Orario Aula

Learning Objectives

GENERAL SECTION

The essential purpose of the course, relative to the general part of the same, is to provide the students particularly detailed knowledge and skills to understand the fundamentals of the trade union law and the individual employment relationship and the particular regulatory techniques that characterize the matter as well as the methodological tools for address and resolve the major application issues in the field of employment law. The above knowledge and skills allow students to fully grasp the fundamentals of the rights of workers and, most importantly, how these rights can be effectively enjoyed and exercised taking into account the peculiar complexity of the interests at stake in terms of employment (especially those of the employer). The possession of the said capacity is essential to carry out competently and balance the professional activities to which prepares the course of study (judge, lawyer, corporate legal advisor).  

SPECIAL SECTION

Given the particular relevance of the issue of protecting the health and safety at work, even for the particular importance of this in research and third mission of the Department of Law (Olympus Observatory), a lower part of the course It will be dedicated to illustrate the main issues of this discipline, with specific reference to the legislative decree. n. 81/2008, in order to grasp the peculiarities and problematic application of it, knowledge of which is proving increasingly essential in the performance of professional activities related to labour law.

Program

GENERAL SECTION

a) Trade union law
Historical Introduction - The sources of labor law - Freedom of association - Trade union organization - Representation and trade union representation - Trade union activities in the workplace - The type of collective agreements - The collective agreement of common law - Collective bargaining in the private sector and in the public sector - The right to strike - Strike rules in essential public services - The lockout.

b) The individual employment relationship.
The employment - Special reports of labor - The labor contract - The employment services - Discipline in demand for flexible working - Obligations and powers of the worker - The duration of the job performance - Remuneration and other asset allocations - The suspension of the employment relationship - The subjective changes of employment - The work of women and minors - The individual dismissals - Public intervention employment protection - Collective redundancies - Guarantees of workers' rights.

SPECIAL SECTION

c) Health and safety at work
Analysis of the fundamental principles of the discipline of health and safety at work (art. 2087 c.c.; artt. 32 and 41 Cost.; directive n. 89/391/CE; Legislative Decree no. 9 April 2008, n. 81).

Bridging Courses

Private Law

Constitutional Law

Learning Achievements (Dublin Descriptors)

Knowledge and understanding 

The law graduate who has passed the examination of Labour Law has:
- Thorough knowledge and understanding of basic legal sectors;
- Thorough knowledge of the fundamental rules of labour law and its key institutions, as they emerge in the international, european and national levels;
- Knowledge of judicial and extra-judicial dispute resolution procedures relating to employment;
- Ability to understand purposes, contexts and consequences of the right policies on employment;
- Ability to develop legal documents in the field of negotiating contexts, extrajudicial and judicial regarding the labour matter.
 
 

Applying knowledge and understanding

The law graduate who has passed the examination of Labour Law has:
- The ability to interpret and apply the rules of european, international and national labor law;
- The ability to find, even via databases, understand and use the sources of labour law, case law relating to employment and the relevant data especially in relation to the labour market and safety at work. The acquisition of the above requirements will be verified by the following methods: tutorials on jurisprudential cases; intermediate tests and final exams of each course; the result of any internships and other learning experiences organized in the framework of the course of study.

Making judgments 

The law graduate who has passed the examination of Labour Law has:

interpretive skills, case studies and qualification of the relationship between the facts of reality and legal case analysis, in order to be able to identify, represent and solve problems related to protection of workers' rights and the resolution of inter-individual labour disputes (relating to the individual employment relationship) and collective (on matters related to collective bargaining of the category or company), in order to produce legal texts, negotiations, litigation that are clear, relevant and effective.

Communication skills 

The law graduate who has passed the examination of Labour Law has:

ability to describe and deepen the legal problems related to the labour law in the relationship with both operators and professional subjects, both with potential customers or interested parties in any case; ability to illustrate the logical-legal paths that lead to the solution of theoretical problems and applications places; influencing skills and exposure of the arguments, also jointly with other qualified entities.

Learning skills 

The law graduate who has passed the examination of Labour Law has:

acquired the skills and the basic tools for the constant updating of skills in labour law; ability to understand the complexity of legal phenomena in the field of labour relations; ability to independently follow the evolution of the "living labour law" (case law) and to further develop it using all the knowledge, also instrumental, necessary and acquired during the course of studies.

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

Seminars


Didactics, Attendance, Course Books and Assessment

Didactics

The course will consist of lectures and seminars.

Attendance

Attending students should show up to class with a labor code or, at least, with a civil code with the main laws of the matter (Workers' Statute etc.).

Course books

GENERAL SECTION
a) G. GIUGNI, Diritto sindacale (Aggiornato da L. Bellardi, P. Curzio, V. Leccese), Bari, Cacucci, last edition.
b) E. GHERA, A. GARILLI, D. GAROFALO, Diritto del lavoro, Torino, G. Giappichelli Editore, last edition.
 

SPECIAL SECTION
c) P. PASCUCCI, La tutela della salute e della sicurezza sul lavoro: il Titolo I del d.lgs. n. 81/2008, Fano, Aras Edizioni, 2014.

Assessment

Each student attending or not, has the right to support the final exam exclusively by an oral discussion concerning the topics covered in the three reference texts mentioned above. The oral mode allows to evaluate the fullest, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of the issues and the arguments of the course of which he has to prove knowledge and understanding.

Only to students who assiduously attend the entire course is reserved the right to take a written test (15 multiple choice tests) on Trade union law (a) to be held at the end of the first part of the same course: for those who exceed such written evidence positively (sufficiency is achieved with 8 correct answers out of 15), the final exam will consist only on matters pertaining to the law of the individual employment relationship (b) and the law of health and safety at work (c). The written test evaluation is thirty. In any case, the student is free to use or not the outcome of the written test and notify it to the board of examiners at the beginning of the final examination discussion. For those who do not positively outweigh the written exam or those who, despite having overcome, have obtained a vote that does not meet them, the final exam consists of an oral discussion on the whole program (a, b, c).
N.B .: In all cases, the student may use the results of the written test only no later than the last appeal before the next exam session at the end of the lecture course.

Additional Information for Non-Attending Students

Didactics

The course will consist of lectures and seminars.

Course books

GENERAL SECTION
a) G. GIUGNI, Diritto sindacale (Aggiornato da L. Bellardi, P. Curzio, V. Leccese), Bari, Cacucci, last edition.
b) E. GHERA, A. GARILLI, D. GAROFALO, Diritto del lavoro, Torino, G. Giappichelli Editore, last edition.
 

SPECIAL SECTION
c) P. PASCUCCI, La tutela della salute e della sicurezza sul lavoro: il Titolo I del d.lgs. n. 81/2008, Fano, Aras Edizioni, 2014.

Assessment

The final exam consists of an oral discussion concerning the topics covered in the three reference texts mentioned above. The oral mode allows to evaluate the fullest, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of the issues and the arguments of the course of which he has to prove knowledge and understanding.

Notes

* The thesis in Labour law will be awarded preferably to students who have diligently attended lectures and seminars.

** For students enrolled in the Bachelor of Science degree in Legal Studies program of the course is limited to GENERAL SECTION (a, b): thus, for the exam is required only the study of the two texts under a) and b) .
*** For students enrolled for the Bachelor's degree in Political Science, for which the examination of labor law is 6 CFU, the course program is limited to the GENERAL (a, b): NB: all ' Course start of lessons the teacher will communicate with these students the parts of the texts under a) and b) that they have to study for the exam.
**** Students from the three year degree in Law in the context of which have already passed the exam of Employment Law (9 credits) and are then passed to the Master of Science in Law will fulfill the educational debt of 3 CFU by studying the text sub c).
**** Please note that the copyright in the text sub c) are entirely donated to the funds of the Observatory "Olympus" for the permanent monitoring of legislation and case law on health and safety at work  (http: //olympus.uniurb .com).

Regarding the study of Health and Safety at work law (special part of the course), in the Department is active the Olympus Observatory for the permanent monitoring of legislation and case law on health and safety at work. It carries out various activities including, in particular: the management of a website with legislative databases, case law and contractual requirements concerning health and safety at work; depth articles, specialized reviews and "focus" theme; the management of two online journals - "I Working Papers of Olympus" (2011-2015) and "Diritto della Sicurezza sul Lavoro" - in the area of ​​health and safety at work, making use of a large scientific committee international and refereeing procedures for the identification of essays to be published; the organization of congresses and events including international seminars. This observatory, whose website is freely accessible to all in a logic of public service, allows students of the course of study to find materials and documentation useful to their studies and the preparation of the thesis. It offers, also, through the mentioned congresses meetings and seminars, the proceedings of which are published on the site, the opportunity to meet with leading experts in the field and a full analysis of the most sensitive issues relating to it. http://olympus.uniurb.it/

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