Labour Law in Public Administration

A.Y. 2024/2025
6
Max ECTS
40
Overall hours
SSD
IUS/07
Language
Italian
Learning objectives
General targets:

The Course addresses the principles and the rules in matter of public sector employment and labor relations, as resulting from the process of so called "privatization".

The goals of the Course are the acquisition by the students of the basic knowledge of public sector employment and labor relations institutions and the development of the relevant legal language skills.

The achievement of both the mentioned targets will be ascertained through the final test.
Specific targets pursuant to the five Dublin Descriptors:

- Knowledge and Comprehension: in order to pass the exam, the candidate has to show the knowledge and the comprehension of both the principles and rules in matter of public sector employment and labor relations.

- Practical Skills: the candidate has to show the ability to apply the rules in matter of public sector employment and labor relations to actual cases.

- Autonomy of Judgment: the candidate has to show, in class as well as in the final test, his/her capacity to analyze with a critical eye the principles and the rules in matter of public sector employment and labor relations.

- Communication Skills: the candidate has to show the development of the relevant legal language skills.

- Learning Skills: the candidate has to show the knowledge of the evolution of public sector employment, in addition to the capacity to cope with the complexities of the relevant legal institutions with a significant degree of autonomy.
Expected learning outcomes
At the end of the course the student will be able to understand and to properly present the basic knowledge of the institutions of labor and trade union law focusing on the public administrations employees; he/she will be also able to apply the rules to concrete situations, thanks to the gaining of critical positions about the topics of the course. The student will be able to properly manage the technical language bound to the discipline and he/she will know how to autonomously study legal institutions. The achievement of all objectives will be verified with a final exam.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
Course syllabus
The following topics will be analyzed: Course Introduction; The shift towards the contractual nature of public sector employment; The Sources of public sector employment; Collective Bargaining in the public sector; Trade Union rights in the public sector; The access to public sector employment; Job description and incompatibilities; The rules in matter of "Mobilità collettiva", "Mobilità individuale" and employee relocation; Flexible contracts; The cases of suspension of the employment contract; Economic conditions and performance; Working Time regulation; Health and safety measures; The disciplinary power; Dismissal regulation; Public sector management.
Prerequisites for admission
Pursuant to the regulation of MAPS/MAPPE, the students of the Course should have already passed the exams of "Diritto pubblico" and "Diritto privato per l'amministrazione".
Teaching methods
The Course will be given in form of traditional lectures, whereby the Instructor will use slides that will be uploaded and made available for the students on ARIEL.
During the lectures, the Instructor will encourage the students to raise questions and to actively contribute with their personal observations on the course topics.
Teaching Resources
The slides, displayed in class and uploaded on Ariel (https://ariel.unimi.it) by the Instructor, are mandatory exam materials for both attending and non-attending students.
The handbook for both attending and non-attending students is the following:
- F. Carinci, A. Boscati, S. Mainardi, Diritto del lavoro nelle pubbliche amministrazioni, Utet, Torino, 2021;
In alternative, the students may consult the following materials:
- L. Fiorillo, Il diritto del lavoro nel pubblico impiego, 2a ed., Piccin, Padova, 2019;
- L. Galantino (continuato da M. La Notte), Diritto del lavoro pubblico, 8a ed., Giappichelli, Torino, 2019.
Further references will be provided by the Instructor during the course.
Assessment methods and Criteria
For both attending and non-attending students the final examination will be in oral form. The grade will be assessed according to the comprehension of the public sector employment institutions and to the capacity of the candidate to correctly use the technical language.
For attending students only, it will be possible to give, as an alternative to the oral exam, a written test which will take place at the end of the course and will comprise the whole course content.
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 40 hours
Shifts:
Turno
Professors: Biasi Marco, Picunio Maria Laura
Professor(s)
Reception:
The Instructor is available for office hours on Microsoft Teams at the time agreed with the students via e-mail. The instructor is also available for a meeting in person in his office.
Department of Legal Studies "Cesare Beccaria" - Section of Canon Law and of Labour Law