LABOUR LAW A - L

Knowledge and comprehension
The aim of the course is to provide students with the fundamental information about the labour law sources’ system, encouraging them to appraise the dynamics, even the extra-legal ones, which guide and explains the legislator’s intervention on labour market regulation, as well on the models of workers’ representation. Such basic concepts will be illustrated in a comparative perspective that also seeks to go beyond the mere textual description of the legislative rules, in order to investigate their social and economic function in the course of their historical development.
Ability to turn knowledge and comprehension into practice
At the end of the course, the student should be capable to deal critically and autonomously with the main issues of interpretation related to the employment relationship and to the system of collective labour relations. Specific initiatives will be held as a complement to the main course, with a view to allowing students to experiment – in the form of a moot court - their ability to deal with the use of knowledge acquired.

Lectures, equivalent teaching activities with the support of audiovisual tools (thematic analysis with slides projections, films and debates).

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

The course will be primarily aimed at outlining the broader framework within which the regulation of labour relations arises. It will be necessary for this purpose, to provide students with the information necessary to understand how Labour law is the result of a series of regulatory influences that cannot be limited to legislation and even less to the civil code rules and principles. The traditional complexity of labour law sources’ system that - which cannot be separated from the study of trade union rights - has been further enhanced in recent decades, attracting labour law in a perspective that goes beyond the regulation of employment relationships to include the regulation of the labour market, the welfare state and the public sector employment, now entirely privatized.

Once this broader context has been sketched out, it will be essential to provide students with the knowledge of the fundamental institutions of labour law: the encounter between supply and demand in the labour market; the evolution of the notion of subordination; the typological fragmentation of the labour contracts; pay; working time, the personal rights of workers and the employers' prerogatives; the termination of the employment relationship; the freedom of association; trade union representation and collective rights of workers in the working place, the legal value of collective agreements and the collective bargaining system; the right to strike, and the regulation of industrial action in the essential public services.

Del Punta, Diritto del lavoro (dodicesima edizione), Giuffrè, 2020.