"G. d'Annunzio"
The prerequisite for attending classes and taking the Labour Law examination is to have attended and taken the preliminary examination of Private Law and, hopefully, of Constitutional Law or Public Law.
The course aims to acquire essential knowledge about the legal discipline of employment and its constitutional protection, as well as to develop critical awareness of the impact of economic, technological and organizational changes on the needs of protection of the person who works for others. The incessant work of reforming labour law, which makes it an open and constantly changing site, stimulates the student to place the legal discipline in a historical dimension and value, verifying in the stratification of legislation and in the complex structure of sources the guidelines and principles inspiring rules aimed at the protection of the person in that particular market that is the labor market. At the end of the course, also through discussions in the classroom, exercises and critical reading of documents, the student should develop adequate technical skills and appropriate judgment on the formal legal framework of the various figures of workers and their economic and regulatory treatment.
The course provides the basic notions and principles of the legal system on the discipline of individual employment relationships. The course therefore addresses the system of sources, with particular regard to the importance of work in the constitutional source, in European and international sources, as well as the particular source constituted by the collective agreement. Among the different forms of work, particular attention is paid to the notion of subordinate work and the legal effects of its qualification, the structure of the employment contract and the rights and obligations of the parties, the regulation of individual and collective dismissals, the principle of equal treatment and prohibition of discrimination, flexible and special contracts, the legal regulation of the labour market. A shorter programme is provided for students who have to take the 6-credit examination.
Historical profile of labour law Subordinate work and work at the borders of subordination Organisation of the labour market and establishment of the employment relationship The type of employment relationship Equality and non-discrimination The performance of the employment relationship Remuneration Suspension of the employment relationship Crisis of the enterprise and suspensions, transformations, outsourcing The dismissals Protection of rights
ESPOSITO, GAETA, ZOPPOLI A., ZOPPOLI L., Diritto del lavoro e sindacale, Giappichelli, Torino, 2021: or BALLESTRERO, DE SIMONE, Diritto del lavoro, Giappichelli, Torino, 2022 (to be published in September 2022)
The course consists of lectures given by the teacher, exercises and guided discussions on topics covered by research and documentation by experts aimed at exposition and discussion of significant jurisprudential cases.
The learning is verified through a final oral test consisting of 4-5 questions aimed at verifying the ability of systematic framing, the property of language, the ability to link between institutions, the clarity of exposure regarding the program to be taken to the exam. A written test on a part of the syllabus is also provided for, at the request of the students attending the course.
The teacher and the assistant professors receive the students in a weekly schedule in the room of Labour Law at the Department of Law and Social Sciences. The day and hours of reception are announced on the SEGI Study Course page. On this page are published materials and case studies to be discussed in class. The teacher's e-mail address is: fausta.guarriello@unich.it
