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


LABOUR LAW
DIRITTO DEL LAVORO

A.Y. Credits
2018/2019 12
Lecturer Email Office hours for students
Paolo Pascucci First and after lessons which will be on tuesday (4-7 p.m.) and on thurday (10-13 a.m.)

Assigned to the Degree Course

Law (LMG/01)
Curriculum: PERCORSO COMUNE
Giorno Orario Aula
Giorno Orario Aula

Learning Objectives

GENERAL PART

The main goal of the course is to provide the students with tools and in-depth knowledge to help them understand the fundaments of the Labour Law and the regulations of this particular subject, and furthermore with the instruments to apply the above mentioned knowledge in the Labour Law’s field. These knowledge and competences will help the students to fully understands the labour law core fundaments, and how workers right can be specifically enjoyed and exercised, especially taking into account the complexity and the peculiarity of contracts and labour relations (focusing on the employer’s side). These competencies are essentials for the students who are preparing to be professional in this field (judges, lawyers, legal advisors, management consultants).


SPECIAL PART

Considering the relevance of the topic concerning the protection of health and safety at work, and the particular attention that the Department of Law of Urbino University has given to it especially on its research activities (Osservatorio Olympus), a specific part of the course will focus on the core of this discipline, referring to Legislative decree n. 81/2008. The main goal will be the understanding of the importance of this topic but also to draw attention to the problematic of the concrete application of prevention rules in the workplace, whose knowledge is becoming more and more essentials for the professionals working in the labour law field.
 

Program

GENERAL PART
A) Trade Union Law

Historical introduction - Labor law sources - Union freedom - Trade union organization - Trade union representation - Trade union activity in the workplace - Types of collective bargaining agreement - Bargaining Collective in the private sector and in the public sector - The right to strike - The discipline of strike in essential public services - The lockout.

B) Individual Work Relationship Law
Employment relationship - Special employment relationships - Employment contract - Employment services - The regulation of flexible work demand - Worker's obligations and employer's powers - Lenght of work - Wage - Suspension of employment relationship - Subjective labor relations modifications - Work of women and children - Individual dismissals - Public intervention for the protection of employment - Collective redundancies - Worker’s rights guarantee.

As part of the course, six hours (1 CFU ) will be dedicated to the study of law case studies and on the methodology.

SPECIAL PART
C) Right to Health and Safety at Work

Analysis of the fundaments of health and safety at work (Article 2087 of Civil Code; EC Directive n. 89/391; Articles 32 and 41 of Constitution; Legislative Decree n. 81, 8 April 2008).

Bridging Courses

Institutions of private law
Constitutional law

Learning Achievements (Dublin Descriptors)

Knowledge and understanding

The law graduate who has  taken the Labour law exam  has:

- full knowledge and comprehension of basic legal fields;

- detailed knowledge of Labour Law’s basic regulations and of its main institutions, related to the international, national and european legislation.

- knowledge of judicial and extrajudicial settlement of labour disputes;

- ability to understand the purposes, contexts and consequences of Labour Law policies;

- ability to draw up legal documents in the context of negotiating, out-of-court and judicial contexts in relation to working matter.
 


Applying knowledge and understanding

The Law graduate who has taken the Labour law exam has:

- The ability to apply the norms of the national, international and european Labour Law legal system;

- The ability consulting databases and Labour Law sources and data related to the job market and on the safetyat work. The acquisition of the above-mentioned requirements will be verified in the following way: exercises on law case studies; intermediate tests and final exams of each and every single subject’s course; internships’ evaluation and other relevant learning experiences.

Making judgments

The Law graduate who has taken the Labour Law exam has:

The capability to interpret and investigate cases in order to identify, represent and solve issues related to the workers‘ rights  protection. He will be able to solve inter-individual and collective labour disputes. He will be also able to write clear and effective negotiating texts, legislative texts and procedural documents.

Communication skills

The Law graduate who has taken the Labour law exam has:

- the interpreting and communicating skills necessary to deal with professionals, potential clients and individuals about Labour Law issues. He is able to explain the logical and theoretical reasoning that lead him to the problem’s solution. He is convincing and confident when exposing arguments.

Learning Skills

The law graduate who has taken the Labour law exam has:

- the capability of updating their knowledge and keeping up with the latest competences required in the Labour Law field. He understands the complexity of the legal phenomenons of this field; he is able to autonomously follow the evolution that nowadays characterises the Labour Law field (case law) and can focus on these themes using the knowledge acquired during this course of study.

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 / Workshops 

The educational material and the professor’s communication, together with more supporting material, will be available on the Moodle platform: blended.uniurb.it


Didactics, Attendance, Course Books and Assessment

Didactics

The course will take place in the first semester end will consist of frontal lessons and seminars.

As part of the course, six hours (1 CFU ) will be dedicated to the study of law case studies and on the methodology.

Attendance

Attending students must attend a lesson with a Labour Law code.

Course books

GENERAL PART


A) G. GIUGNI, Diritto sindacale (updated by L. Bellardi, P. Curzio, V. Leccese), Bari, Cacucci, last edition.

and

B) E. GHERA, A. GARILLI, D. GAROFALO, Diritto del lavoro, Turin, G. Giappichelli Editore, last edition.

or, alternatively, for both teachings A and B:

O. MAZZOTTA, Diritto del lavoro, Padova, Cedam, 2017.  N.B.: The attending students who have passed the (A) Trade Union Law’s written exams will have to study the O.MAZZOTTA from page 179 to page 667 in order to prepare themselves for the exam on (B) Individual Work Relation Law. 

SPECIAL PART

C) P. PASCUCCI, La tutela della salute e della sicurezza sul lavoro: il Titolo I del d.lgs. n. 81/2008 dopo il Jobs Act (nuova edizione aggiornata al 1° novembre 2017), Fano, Aras Edizioni, 2017 (limited to larger text parts).

In order to consult the sources, the use of an updated Labour Law code is advised.

Assessment

Attending and non-attending students will both have the right to take the final test, which is going to be an oral exam, and they will be asked to discuss the themes addressed in the three manual mentioned above. The form of the examination will make it easier to evaluate in more complete manner the student’s knowledge, communicational /analytical skills and critical faculties.

The evaluation will be made upon three or more questions addressed to the student. The assessment criteria and the scores will follow the following rating scale:

- less than 18/30 - Insufficient level: the student didn’t meet any of the expected learning outcomes;

- 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills";

- 21-23/30 - Sufficient level: the student meets the expected learning outcomes regarding “knowledge and comprehension” skills and he’s able to apply them;

- 24-26/30 – Good performance: the student meets the expected  learning outcomes regarding the “knowledge and comprehension” and he’s able to apply them and to make autonomous assessments;

- 27-29/30 - Very good performance: the student meets the expected learning outcomes regarding the “knowledge and comprehension” skills, he’s able to apply them and to make autonomous assessment in regards of it and has good communication skills;

- 30- 30 cum laude - Excellent performance: the student fully meets the learning outcomes expected, displaying a high level of command of all aspects of the relevant material and shows a great ability to learn.

N.B. Only the students who will assiduously attend the course will have the chance to take a written test (which will consist in a multiple-choice exam of 15 questions) on the A) Trade Union Law and it will take place at the end of the first part of the course itself. The grades will be on a scale of 30, following this legend: 8 right questions=18; 9 right questions=19-20; 10 right questions=21-22; 11 right questions=23-24; 12 right questions=25-26; 13 right questions=27-28; 14 right questions=29-30; 15 right questions=30 cum laude.

For those who will positively pass the written test, the final examination will only consist on the oral exam, which will focus on B) Individual Work Relationship Law and on C) Right to Health and Safety at Work in the light of the study of the manuals mentioned above. The student is free to avail or not of the written exam’s grade and he will communicate it when he’s going to take the final examination. For those who did not pass the above-mentioned written test and for those who are not satisfied with the grade they receive, the final exam will consist on the valuation of the entire course program (A, B. C).

In any case, the student will be able to avail of the written exam’s grade until the last available date of the first exam session immediately following the end of lessons.

Additional Information for Non-Attending Students

Didactics

=

Attendance

=

Course books

GENERAL PART


A) G. GIUGNI, Diritto sindacale (updated by L. Bellardi, P. Curzio, V. Leccese), Bari, Cacucci, last edition.

and

B) E. GHERA, A. GARILLI, D. GAROFALO, Diritto del lavoro, Turin, G. Giappichelli Editore, last edition.

or, alternatively, for both teachings A) and B):

O. MAZZOTTA, Diritto del lavoro, Padova, Cedam, 2017.  

SPECIAL PART

C) P. PASCUCCI, La tutela della salute e della sicurezza sul lavoro: il Titolo I del d.lgs. n. 81/2008 dopo il Jobs Act (nuova edizione aggiornata al 1° novembre 2017), Fano, Aras Edizioni, 2017 (limited to larger text parts).

In order to consult the sources, the use of an updated Labour Law code is advised.

Assessment

The final test is going to be an oral exam. The students will be asked to discuss the themes addressed in the three manual mentioned above. The form of the examination will make it easier to evaluate in more complete manner the student’s knowledge, communicational /analytical skills and critical faculties.

The evaluation will be made upon three or more questions addressed to the student. The assessment criteria and the scores will follow the following rating scale:

- less than 18/30 - Insufficient level: the student didn’t meet any of the expected learning outcomes;

- 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills";

- 21-23/30 - Sufficient level: the student meets the expected learning outcomes regarding “knowledge and comprehension” skills and he’s able to apply them;

- 24-26/30 – Good performance: the student meets the expected  learning outcomes regarding the “knowledge and comprehension” and he’s able to apply them and to make autonomous assessments;

- 27-29/30 - Very good performance: the student meets the expected learning outcomes regarding the “knowledge and comprehension” skills, he’s able to apply them and to make autonomous assessment in regards of it and has good communication skills;

- 30- 30 cum laude - Excellent performance: the student fully meets the learning outcomes expected, displaying a high level of command of all aspects of the relevant material and shows a great ability to learn.

Notes

* The graduate thesis in Labour Law will be preferably assigned to the students who have assiduously attended the course’s lessons and seminars.

** For the students of the three year Degree in Law studies the course program is limited to the GENERAL PART: so for the exam the preparation required will cover the manuals A) and B).

*** For the students of the three-year Degree in Political Sciences, the Labour Law exam value is 6 CFU, and the course programme is limited to the GENERAL PART. N.B : At the beginning of the course, the professor will communicate the part of the manuals A) and B) which they will have to study.

**** For the students previously enrolled in the three year Degree in Law studies who have already took the Labour Law exam (9 CFU) and who have switched to the five years Master’s Degree in Law, the study of the manual sub C) will be required in order to achieve the 3 CFU missing.

***** It is noted that the copyright funds of the manual sub C) are entirely devolved to research job of Ossevatorio Olympus, who permanently monitors the laws and legislation on safety at work ( http:/olympus.uniurb.it).

Regarding the study of the regulations of health and safety at work (special part of the course), it is noted that in the Department of Law of Urbino University is actively working the Osservatorio Olympus which permanently monitors the laws and legislations related to safety at work.

The above mentioned Osservatorio Olympus is active on different levels and focuses in particular on: managing a website which includes legislative, case-law and contractual databases relative to occupational safety; collection of articles and substantial information, specialist reviews and thematic workshops; managing two on-line scientific reviews ("I Working papers di Olympus" and "Diritto della Sicurezza sul Lavoro", with a wide international specialistic committe); organizing international congresses and seminars. The widely mentioned Osservatorio Olympus, whose website is public and free, gives the students who are following the course the possibility of consulting material and documentation which are of great importance for their studies and in the writing of their graduate thesis. Most of all it gives them the possibility of meeting the leading experts on the subject and to analyse the most important and delicate part of it: http://olympus.uniurb.it/

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