Labour Law for Business Economics
A.Y. 2024/2025
Learning objectives
The course aims to provide students with the basic notions of trade union law and to develop their knowledge of labour law, with specific reference to the discipline of the employment relationship. More specifically, the aim of the course is to provide students with the basic notions of trade union law and labour law so that they will be able to: - acquire knowledge and understand the mechanisms underlying the employment relationship; -apply this knowledge and understanding to the solution of legal and application problems; - analyse, through their knowledge and skills, evaluate and comment in an informed and critical manner, with autonomy of judgement, on the main legal institutions; - develop communication skills, participating with awareness and language skills in the debate proposed in the classroom on the legal issues that will be proposed by the teacher during the treatment of individual topics; - develop their learning skills in line with their studies and other legal disciplines, establishing links with other areas with which labour law has an affinity (civil law).
Expected learning outcomes
At the end of the course, the student must be able to: - demonstrate knowledge and understanding of the legal profiles of the discipline of trade union law and labour law and have developed an adequate capacity to understand the evolution of the labour discipline and its main interpretative issues, enabling them to study the legal institutions with a high degree of autonomy. - apply the acquired knowledge in the resolution of legal cases, demonstrating that he has acquired the method transmitted by the teacher in class; - demonstrate sufficient argumentation and ownership of legal language to allow communication with specialist interlocutors; - demonstrate, in the course of the lessons and the proficiency test, that they have acquired legally sound critical positions in relation to the subjects of the course.
Lesson period: First 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
First semester
Course syllabus
The matter is divided into 2 modules and a "special part".
1) 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.
2) 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 one of the essays contained in the volume Carinci - Tursi, Temi attuali di diritto del lavoro, Giappichelli, Torino, 2023.
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.
1) 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.
2) 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 one of the essays contained in the volume Carinci - Tursi, Temi attuali di diritto del lavoro, Giappichelli, Torino, 2023.
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.
Prerequisites for admission
No prior knowledge is required, except as indicated for the propaedeuticity of the teachings (private law and constitutional law) in the teaching regulations of the degree course
Teaching methods
Frontal lessons. Classroom lessons may be accompanied by seminarial activities and in-depth studies on specific aspects of the subject.
Teaching Resources
Students, attending and not, are required to prepare the exam on the following texts:
a) A. Tursi - P.A. Varesi, Istituzioni di diritto del lavoro, Cedam, Padova, IX ed., 2023, integrated by materials which will be illustrated at lessons and made available on ARIEL Platform.
b) M.T. Carinci - A. Tursi, Temi attuali di diritto del lavoro, Giappichelli, Torino, 2023.
a) A. Tursi - P.A. Varesi, Istituzioni di diritto del lavoro, Cedam, Padova, IX ed., 2023, integrated by materials which will be illustrated at lessons and made available on ARIEL Platform.
b) M.T. Carinci - A. Tursi, Temi attuali di diritto del lavoro, Giappichelli, Torino, 2023.
Assessment methods and Criteria
The final profit test relating to the course is oral and is assessed by a grade in thirtieths, with honours if it the case. The oral test is designed to ascertain the degree of knowledge of the subject, the level of detail and the quality of the presentation. In itinere profit tests will be carried out during the course and will concern students who have regularly attended the lessons. They will be related to the topics covered in the lessons and will take the form of questionnaires with closed questions. The methods will be indicated during the lessons and communicated on the ARIEL UNIMI platform in the section dedicated to the course.
For the conduct of examinations in the emergency epidemiological phase, see the section of this programme entitled "emergency phase teaching".
For the conduct of examinations in the emergency epidemiological phase, see the section of this programme entitled "emergency phase teaching".
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 42 hours
Professor:
Tursi Armando
Shifts:
Turno
Professor:
Tursi ArmandoProfessor(s)
Reception:
Fri 12.30-14.30
Sezione di Diritto del Lavoro - Dipartimento di Diritto privato e Storia del diritto