Employment and Benefits Disputes and Litigation
A.Y. 2024/2025
Learning objectives
Knowledge and capability of comprehension: the student must prove to have gained the knowledge of the essential principles ruling civil proceedings in labour matters (special proceedings included) and social security matters.
Autonomy of judgement: the student should be able to assume positions based on valid arguments and juridically defensible regarding to the subjects of the course.
Communication abilities: the student must demonstrate to be able to communicate the notions gained with argumentative coherence, systematic thoroughness and a correct use of legal vocabulary.
Capability to learn: the student must prove to have developed specific learning capabilities regarding to the subjects of the course.
Autonomy of judgement: the student should be able to assume positions based on valid arguments and juridically defensible regarding to the subjects of the course.
Communication abilities: the student must demonstrate to be able to communicate the notions gained with argumentative coherence, systematic thoroughness and a correct use of legal vocabulary.
Capability to learn: the student must prove to have developed specific learning capabilities regarding to the subjects of the course.
Expected learning outcomes
The course is held, as mandatory and characterising course, during the third year of studies and it is one of the mandatory courses for the curriculum aimed at Human resources legal operator and labour consultant. At the end of the course, the student who has learnt the matters at a sufficient level should be able to examine, and deal with, the complex substantial issues related to civil proceedings in labour and social security matters, especially in the perspective of the judicial instruments of protection offered by our legal system (paths, modalities, timing, costs).
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The object of this course is to study the procedural rules of the special labour trial (artt. 409-441 c.p.c.) and of the social security litigation (artt. 442-447 c.p.c.). Topics such as disputes relating to dismissals (art. 441 bis ss. c.p.c.) and suppression of anti-union behaviour (art. 28 Workers Statute ) will also be covered.
Prerequisites for admission
The Programme Description for the bachelor degree sets as prerequisites to this course: Private Law Institutions, Costitutional Law, Institutions of Civil Procedural Law and Criminal Procedural Law. The previous attendance of the course of Labour Law Insititutions is highly recommended.
Teaching methods
The course will be held through lectures and seminars.
Teaching Resources
The text books, both for attending and non attending students, are:
G. Trisorio Liuzzi - D. Dalfino, Manuale del processo del lavoro, 2nd ed., Bari, Cacucci, 2023, and D. Mesiti, Prestazioni previdenziali, Milano, Giuffrè, 2019, pp. 151-167.
OR: G. Tarzia - L. Dittrich, Manuale del processo del lavoro, Milano, Giuffré, 6th edition, 2015 and
D. Mesiti, Prestazioni previdenziali, Milano, Giuffré, 2019, pp. 151 - 167;
OR: P. Sandulli - A.M. Socci, Il processo del lavoro, Milano, Giuffré, latest edition, First part, chapter I; Part Two, Chapters I to XIII; Part Four, Chapter I, Part Six, Chapters I and II.
The use of a Civil Procedure Code updated to 2024 is required.
G. Trisorio Liuzzi - D. Dalfino, Manuale del processo del lavoro, 2nd ed., Bari, Cacucci, 2023, and D. Mesiti, Prestazioni previdenziali, Milano, Giuffrè, 2019, pp. 151-167.
OR: G. Tarzia - L. Dittrich, Manuale del processo del lavoro, Milano, Giuffré, 6th edition, 2015 and
D. Mesiti, Prestazioni previdenziali, Milano, Giuffré, 2019, pp. 151 - 167;
OR: P. Sandulli - A.M. Socci, Il processo del lavoro, Milano, Giuffré, latest edition, First part, chapter I; Part Two, Chapters I to XIII; Part Four, Chapter I, Part Six, Chapters I and II.
The use of a Civil Procedure Code updated to 2024 is required.
Assessment methods and Criteria
The attending students can choose to take an intermediate written test (with open questions), about Labour Procedural Law. The test will be rated with a mark out of thirty, and the result will contribute to the final evaluation of the exam.
The final test, whether the intermediate test had been taken or not, is oral and the evaluation in expressed with a mark out of thirty (possibly, cum laude)
The final test, whether the intermediate test had been taken or not, is oral and the evaluation in expressed with a mark out of thirty (possibly, cum laude)
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 9
Lessons: 63 hours
Professors:
Pezzani Titina Maria, Salvioni Teresa
Shifts:
Professor(s)
Reception:
wednesday, 11 a.m.