INTERNATIONAL AND EUROPEAN LABOUR LAW

Single discipline educational activity

Course Sheet

Course code:

000413L

Academic Year of enrolment:

2019

Year of supply:

2019/2020

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

Labour Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

GUARRIELLO Faustina

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Knowledge of labour law is recommended for the successful learning.

Objectives

The course aims to give knowledges about international and European labour regulatory framework in order to make students aware of legal obligations imposed on companies operating in a transnational dimension and concerning rights accorded to their employees and to supply and subcontracting corporations’ employees linked to them by contractual relationship. Economic globalisation, corporate relocation processes in low-wages countries and the use of digital technologies allow companies to use work by job relocation and externalisation and distance work. So, students are exhorted to research the legal instruments that can be implemented in complex situations and to verify problems and appropriate legal and organizational solutions, by the case-study and the direct witness by scholars and practitioners who operate transnationally.
Expected learning outcomes
The course allows students to acquire the theoretical knowledge, necessary to understand the functioning of labour law multilevel source system, to distinguish the different methods of legal reasoning of the various Courts and quasi-judicial bodies, to verify the scope of different EU regulations (applicable to every employers or only transnational corporations or only to corporations that adopt certain business models or with a certain employment threshold, etc.) and of international or supranational soft-law sources addressed to companies, to verify the implementation of different CSR models, to be familiar with the core organizations representing corporations and work at a supranational level and with the way they act.

The teaching of International and European Labour Law also favours the acquisition of the following skills:
Knowledge and understanding:
- being familiar with the key players and the corporations and works dynamics at a transnational level
- being familiar with international, supranational and EU institution action with regard to social rights,
both through the enactment of instruments of mandatory law and through soft law instruments
- being familiar and able to apply social fundamental rights in the light of international and EU case-law
Independent assessments:
- linking international, European and supranational social rights standards with the recognition of the company’s economic freedom
- linking compliance connected to CSR with the respect of core ILO labour standard in every settlement country and in the multinational corporations supply chains
-understanding economic-financial informations and other (social, environmental, gender) informations given by management
Communication skills:
- drawing up dossiers and report on specific cases
- solving concrete problems concerning the application of binding and non-binding rules
- knowing how to acquire and clearly display relevant information about the behaviour of companies and their subsidiaries or supply companies

Contents

The course concerns the study of Labour Law focusing on its supranational and transnational aspects, in particular with regard to multilevel international, supranational and European source of law system, and judicial protection of social rights provided by International and European courts and para-jurisdictional bodies. The selected subjects concern employers’ obligations imposed by international or supranational law and relative to employment and outsourced work, in particular with regard to supply chains and digital work. Within this framework, will be debated: fundamental social rights and their case law; free movement of workers and principle of non-discrimination; transnational posting regulation; implementation of the Decent Work Agenda; freedom of association and transnational collective bargaining right, social dialogue and European and transnational collective bargaining; strike and other instruments of trade union struggle and the balance between them and fundamental economic freedoms; European Works Council’s institution in transnational companies and the rights to be informed and consulted on company’s economic performance and non-financial information; employee representatives’ right in management and supervisory bodies of European Company. The course also focuses on the Corporate Social Responsibility (CSR), adopted voluntarily by companies, in particular multinational corporation, on the basis of different instruments of soft law, as UN Global Compact, OECD guidelines, ILO Tripartite Declaration, UN Guiding Principles on Business and Human Rights. For this purpose, companies adopt one-sided charts and codes of conduct or negotiate with international unions international framework agreements establishing monitoring and evaluation process focused on corporate behaviour in every country where they are established and along the global supply chains.

Extended Syllabus

-Sources of law and international bodies specialised on work
-Different types of sources of law: in particular binding or non-binding sources
-Core labour standard and core ILO convention:
-Supervisory bodies that control the implementation of international labour law
-Social fundamental rights and their application by Courts and quasi-judicial bodies
-Social dimension in Treaties establishing the European Community and its evolution
-Free movement of workers and transnational posting
-Prohibition of discrimination and obligations of equal treatments
-Decent Work Agenda
-European social dialogue and transnational collective bargaining
-Information and consultation rights in companies. Participation in SE and SCE
-CSR and monitoring its implementation
- Multinational Company framework agreements

Recommended Bibliography

Bibliography:
Choice between:
M. Roccella, T. Treu, Diritto del lavoro dell’Unione europea, 7 ediz., Wolters Kluwer/Cedam, 2016, being updated.
F. Carinci, A. Pizzoferrato (a cura di), Diritto del lavoro dell’Unione europea, Giappichelli, 2018.

And between:
V. Brino, A. Perulli, Manuale di diritto internazionale del lavoro, 2 ediz., Giappichelli, 2015 or the most up-to-date:
V. Brino, A. Perulli, International Labour Law Handbook, Giappichelli, 2018 (e-book version)
G. Casale, Fondamenti di diritto internazionale del lavoro, Giappichelli, 2018.

Suggested follow-up readings:

F. Guarriello, C. Stanzani (a cura di), Sindacato e contrattazione nelle multinazionali, F. Angeli, 2018, also available in English e-book: F. Guarriello, C. Stanzani (eds.), Trade Union and Collective Bargaining in Multinationals, F. Angeli, 2018.
S. Giubboni, Diritto del lavoro europeo. Una introduzione critica, Cedam-Wolters Kluwer, 2017.

Further materials and documents will be uploaded by Professor on the e-learning platform.

Methods of Provision

Conventional

Teaching Methods

Teaching takes place through interactive lectures, during which the professor illustrates themes and problems subject of the course, also previously distributing cases and materials, and encourages reactions and argued positions. In particular, students are invited to report on judicial cases, transnational collective agreements, codes of conduct and to realise specific folders on cases presented and discussed during the course. Teaching also includes follow-up seminars and witness of experts, social partners and transnational corporations.
Attendance at lessons is recommended.

Evaluation methods

Verification of learning:

The assessment of learning is usually done with an oral examination, in which students are asked 3 or 4 questions aimed at verifying the acquisition of fundamental knowledge of the subject matter; the capacity for systematic organization; the vocabulary and the mastery of technical terms; the ability to link various topics together; the capacity for critical analysis.
Oral examination is limited at 2 general questions if student reports, during lessons, on an analysis and research work or teamwork.
Final vote is expressed in thirtieths and the examination is passed with the following minimum mark: 18/30.

Contacts/More Information

Students can contact professor during weekly office hours and, in any case, via e-mail at the following institutional address: fausta.guarriello@unich.it
The syllabus is available at: https://giurinn.unich.it

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree