Labour Law

The course begins analysing the Labour Law and continues with the study of the employment relationship.
The subject, therefore, is divided into two fundamental parts:
1) Labour Law which analyses the origin and historical evolution of labour law; labour law and constitution; the sources of labour law; freedom and organisation and trade union action; trade union and legal system; collective bargaining; strike and lockout; trade union relations in the company; law and collective agreement;
2) Employment Law which analyses the contract of employment and the individual autonomy; the subordinate work; the self-employment, the parasubordinate and occasional work; the definition of employer; the structure of the employment relationship; the object and place of work performance; the working time; the power of control and the protection of employees' privacy; the disciplinary power; the remuneration; the protection of safety at work; the principle of equality and of non discrimination in the workplace; the leaves; the termination of the employment relationship; the crisis of the company; the non-standard employment contracts and the external work; the temporary work; the youth work and the phenomena of outsourcing.
Possible programmes for the integration of the exam in the transition from the three-year period to Law or specific programs for Erasmus students should be agreed with the Professor.

The matter is divided into three modules and a "special part".
1) Labour Market regulation: (a) employment services, targeted placement of disabled people, the contribution of private agencies, training internships; (b) passive labour policies (wage supplementation fund, bilateral solidarity funds, instruments to support workers' income)
2) Trade union law and collective Labor Relations: trade union freedom and organisation, collective bargaining and collective agreements, anti-union activity, right to strike in private, public and essential services sectors.
3) Employment law: (a) the case of subordinate employment vs workers vs self employed; judicial litigation on the qualification of the employment relationship, and the s.c. "certification" of the employment contract; (b) the contractual origin of the employment contract, the requirements of the employment contract, the probationary clause; (c) non-standard employment contracts; (d) the legal discipline of the work relationship; (e) remuneration; (f) suspension of the obligation to work; (g) resignation, termination mutual agreement, individual and collective dismissals; (h) special guarantees of workers' rights.
Any changes of professorship will have to be agreed directly with the teachers of reference and will be evaluated on the basis of the reasons provided, possibly accompanied by adequate supporting documentation.
The special part consists in two of the essays contained in the volume Carinci - Tursi, Temi attuali di diritto del lavoro, Giappichelli, Torino, 2023.
In the event of a transition from the Bachelor's degree course to the single-cycle Master's degree course in Law, integrations to the program will be agreed directly with the teacher and will take into account the specific objectives of the course.
Erasmus students: There are specific programmes for Erasmus students, the modalities of which will have to be agreed directly with the teacher.
Degree theses are usually assigned three times a year according to the methods and criteria available on the notice board in the section of Labour Law. In any case, it is preferable to have taken other examinations in the area of labour law such as Social Security Law, Labour Security Law, Trade Union Law and Industrial Relations, Advanced Labour Law, European Labour Law, Trade Liberalisation and Labour rights.

First part: origin and development of labour law; labour law and the Constitution; the sources of labour law; trade union organization and action; trade unions and national legal framework; collective bargaining; strike; company-level industrial relations; law and collective bargaining; the repression of anti-union conduct.
Second part: employment contract and personal autonomy; employment subordination; self-employment, coordinated work and casual work; labour market policies; the notion of the employer; the structure of the employment relationship; time and place of the employee's activity; the power of control and the protection of privacy; the disciplinary power; wage; health and safety provisions; the cases of contract suspension; equality and discrimination; the termination of the employment contract; the business crisis; non-standard work; fixed-term contract; youth employment and outsourcing (trasfer of undertakings; procurement; agency work); public servant employment.

The course begins the first semester with a module dedicated to Labour Law and continues, in the first and second semester, with lessons dedicated to the employment relationship.
The subject, therefore, is divided into two fundamental parts:
1) Labour Law which analyses the origin and historical evolution of labour law; labour law and constitution; the sources of labour law; freedom and organisation and trade union action; trade union and legal system; collective bargaining; strike and lockout; trade union relations in the company; law and collective agreement;
2) Employment Law which analyses the contract of employment and the individual autonomy; the subordinate work; the self-employment, the parasubordinate and occasional work; the definition of employer; the structure of the employment relationship; the object and place of work performance; the working time; the power of control and the protection of employees' privacy; the disciplinary power; the remuneration; the protection of safety at work; the principle of equality and of non discrimination in the workplace; the leaves; the termination of the employment relationship; the crisis of the company; the non-standard employment contracts and the external work; the temporary work; the youth work and the phenomena of outsourcing.
A specific in-depth study will be devoted to the recent reforms of the labour market (the so called: "Jobs Act" and "the dignity decree").
In addition to classroom lectures, there will be seminar activities and in-depth studies dedicated to specific aspects of the subject, coordinated by researchers and collaborators of the Labour Law section of UNIMI.
Possible programmes for the integration of the exam in the transition from the three-year period to Law or specific programs for Erasmus students should be agreed with the teacher.