The course aims principally to provide students knowledge and skills about case law on trade union and labour law to complete and refine the theoretical knowledge acquired in the institutional course of Trade union and Labour law. The acquisition of such knowledge is indispensable for the exercise of the profession of Labour Consultant, aimed at providing support to the enterprises also looking the concrete application of law made by the case law. Furthermore, given the particular importance of the issue of the protection of the health and safety of workers in the framework of the course of study, specific attention will be given to the application, in the courtroom, of the preventive discipline, the knowledge of which is essential to be competent to perform the professional activities related to the safety at work law.

The course includes the study of case law on trade union and labour law and, in particular, with regard to the trade union law, the most relevant and current issues on: trade union freedom, trade union representation and representativeness; collective agreement; collective conflict and anti-union behavior. With regard to the individual employment relationship, it will focus on its genesis, as well as on the course and on the extinction of the same, through the analysis of certain issues of particular relevance related to the definition of the case "gainful employment", to flexible contractual arrangements, to obligations and to rights of the worker and the powers and duties of the employer, with specific reference to those regarding health and safety at work, and to dismissal.

In particular, upon presentation of the course, they will be dealt with the following topics, in order:

Part I: Trade union case law (18 hours)

1) Trade union freedom, trade union representation and representativeness (Corte Cost., 16-06-2018, n. 120; Cass. lav., 07-03-2012, n. 3545; Corte Cost., 23-07-2013, n. 231; Trib. Brescia, 04-02-2014);

2) Collective agreement and collective bargaining agreement (Cass. lav., 14-08-2014, n. 18012; Cass. lav., 26-04-2016, n. 8253; Cass. lav., 23-12-2016, n. 26953; Cass. lav., 18-11-2016, n. 23525);

3) Collective conflict and anti-union behavior (Cass. lav., 26-01-2016, n. 1350; Cass. lav., 10-07-2015, n. 14444; Cass. lav., 05-11-2015, n. 22617; Trib. Melfi, 15-07-2011, n. 459).

Part II: The discipline of the individual employment relationship in the case law (36 hours)

1) The qualification of the employment relationship between subordination and autonomy (Trib. Torino, 07-05-2018, n. 778; App. Torino, 04-02-2019, n. 26; Cass. lav., 04-07-2017, n. 16377);

2) Jus variandi (Trib. Roma, 30-09-2015; Cass., sez. lav., 21-02-2011, n. 4149);

3) The power of control (Cass. pen., sez. III, 11-06-2012, n. 22611; Cass. pen., sez. III, 08-05-2017, n. 22148; Cass. lav., 27-05-2015, n. 10955);

4) The exercise of disciplinary power (Cass. lav., 21-11-2014, n. 24881; Cass. lav., 13-06- 2012, n. 9644);

5) The regulation of health and safety in the workplace (Cass. lav., 16-03-2016, n. 5233; Cass. lav., 26-04-2016, n. 8237; App. Messina, 05-10-2016, n. 1117; Cass. pen., sez. IV, 10-02-2015, n. 5983; Cass. pen., 15-01-2013, n. 1856; Cass. pen., sez. III, 09-08-2018, n. 38402);

6) Flexible work: in particular, the fixed-term employment contract (Cass. lav., 02-04-2012, n. 5241; Cass., sez. un., 15-03-2016, n. 5072);

7) The rules on individual dismissals (Trib. Bologna, 15-10-2012; Cass. lav., 06-11-2014, n. 23669; Cass. lav., 13-10-2015, n. 20540; Cass. lav., 13-10-2015, n. 20545; Cass. lav., 08-05-2019, n. 12174; Cass., S.U., 27-12-2017, n. 30985; Cass. lav., 02-05-2018, n. 10435; Corte Cost., 08-11-2018, n. 194).

Diritto sindacale e del lavoro privato e pubblico (Trade union and private and public sector law)

Knowledge and understanding Students will have to demonstrate in-depth knowledge of the rules and of the institutions of trade unon and labour law and the understanding of its fundamentals with regard to the interpretation given to it by the case law. Applying knowledge and understanding Students will have to demonstrate the ability to explain and interpret the decisions on the trade union and labour law and to be able to rebuild their issues in the light of the overall evolution of matter. The acquisition of the above requirements will be verified in the following ways: reading "reasoned" of judgments in the classroom and public debate on them; discussion, intermediate test and final exam aimed at verifying the knowledge and communication and argumentative skills. Making judgments Students will have to demonstrate the ability to integrate knowledge gathering and interpreting relevant data that emerge from the cases dealt in class with regard to trade union and labour law and proposing solutions to their issues. This capacity is gained during the educational activities and verified in the intermediate test and in the final oral exam. Communication skills Students will have to demonstrate the ability to communicate clearly, with knowledge of legal language, arguments and conclusions in relation to the knowledge acquired during the course, taking properly the necessary information, formulating ideas and proposing solutions to problems emerging from the decisions considered in the field of trade union and labour law. Communication skills will be tested in classroom discussions and in the final oral exam. Learning skills Students will have to demonstrate that they have developed those learning skills that will enable them to continue in the study with a high degree of autonomy. To this end they will have to demonstrate the ability to update their knowledge and deepen them to the light of the case law on trade union and labour law in relation to the evolution of labour law also in order to adjust their skills with regard to different professional contexts in which they will be called to operate. The adequacy of the acquisition of learning skills will be verified by the intermediate tests and the final oral 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

For a better understanding of some specific current issues, we are pleased to inform that a Laboratory on the current judicial interpretation concerning "The remote control of workers: the new art. 4 St. Lav. and the impact on the disciplinary power" has been activated. The programme and the benefits recognized to the attending students will be available on the Moodle platform.

Teaching

Lessons in the classroom, Flipped learning, Debate. 

  

Attendance

Attendance is not mandatory, but highly recommended, also in consideration of the specific teaching methods.  

  

Course books

The texts of study consist of the same decisions on trade union and labour law, which will be dealt with in class and that will be downloadable from the Moodle Platform (Blended Learning) of the University website.

  

Assessment

The expected learning results will be evaluated by means of an oral exam, based on three questions or more, concerning some decisions on the trade union and labour law treated in class. The oral mode allows to evaluate, in the most complete way, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of issues and arguments of which they must demonstrate knowledge and understanding.

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

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

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

27-29: competence level very good. In particular, 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”.

The students who attend the course regularly (at least 2/3 of the lessons) can take a written mid-term test (multiple choice), outside of normal class hours, about the judicial decisions examined in Part I of the course, dedicated to the trade union case law. The maximum evaluation of the mid-term exam is thirty.  

For attending students who have successfully passed the intermediate test given to them, the final exam will consist of an oral discussion which will focus solely on Part II of the course, dedicated to the discipline of the individual employment relationship in the case law. For attending students who have not supported or have not successfully passed the intermediate exam, the final exam consists of an oral discussion which will focus on all the exam program (Part I and Part II).

  

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Teaching

For a better understanding of the treated issues we recommend the reading of the manual parts used for the preparation of "Diritto sindacale e del lavoro privato e pubblico" (Trade union and private and public sector law) related to issues addressed in the proposed sentences.

  

Course books

The texts of study consist of the same decisions on trade union and labour law, which will be dealt with in class and that will be downloadable from the Moodle Platform (Blended Learning) of the University website.

  

Assessment

The expected learning results will be evaluated by means of an oral exam, based on three questions or more,  concerning some decisions on the trade union and labour law treated in class. The oral mode allows to evaluate, in the most complete way, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of issues and arguments of which they must demonstrate knowledge and understanding.

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

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

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

27-29: competence level very good. In particular, 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”.

  

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

In the Department is active Olympus, the Observatory for permanent monitoring of legislation and case law on health and safety in the workplace work. The Observatory carries out various activities including, in particular: - the management of a website with legislative databases, case law databases and databases of contracts, all concerning the safety at work; - depth articles, specialized reviews and thematic focus; - the management of an online scientific journal - "The Working Papers of Olympus", now “Law of occupational Safety and Health" (DSL) - in the field of security rights in the workplace, with ISSN, that employs a wide international scientific committee and refereeing procedures for the identification of essays to be published; - the organization of congresses and seminars including international ones. This observatory, whose website is freely accessible to all in a logic of public service, allows students of the CdS to find useful materials and documentation for their course of study and useful to draft their dissertation. It offers, also, through the mentioned congresses and seminars, the opportunity to meet the leading experts in the field and to analyse the most sensitive issues relating to it. http://olympus.uniurb.it/