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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Objectives
Contents Introduction to trade union law. Trade union freedom in the Constitution, the Workers' Statute and the overall legal system. The union: historical phenomenon and legal regulation.
II) Union representativeness and worker representation in the workplace. Union activity in the workplace. Trade union rights and repression of anti-union conduct.
III) The collective agreement. Art. 39 of the Constitution and its non-implementation. Mandatory and subjective effectiveness of the collective agreement under ordinary law. The functions of the collective agreement.
The historical evolution of collective bargaining in Italy. The Protocol of 23 July 1993. The Framework Agreement of 22 January 2009. The QA application agreements, the FIAT dispute and the alternativity between the contractual levels. The Interconfederal Agreement between Confindustria, CGIL, CISL, UIL of 28 June 2011 and subsequent developments. The relations between collective agreements. Collective bargaining and the law. Collective bargaining in the public sector. Trade unions and the political system. Consultation.
Self-protection of collective interests and the right to strike. Freedom to strike. Ownership of the right to strike. Limits to the right to strike. Other forms of trade union struggle and lockout.
The strike and essential public services. The law 12 June 1990 n. 146, as amended by the law 11 April 2000 n. 83. The rules for the exercise of the right to strike in essential public services. Agreements on essential services and other measures to be guaranteed during strikes. The Commission guarantees the implementation of the law on strike in essential public services and its powers. Sanctions in case of violation of the rules. The precept: substantive and procedural aspects.
Extended Syllabus TRADE UNION LAW (INDUSTRIAL RELATIONS LAW)
Teacher: Prof. Enrico Raimondi
Degree Programme: SEGI (6 CFU)/ CLEA/M (6 CFU)
Department of affiliation: Legal and Social Sciences
Telephone number: 085.4537019
e. mail: enrico.raimondi@unich.it
Days and hours of reception: Thursday 12.00
Semester: I (FIRST)
Objectives: The course aims to provide students with in-depth knowledge of the legal aspects of the industrial relations system within the framework of European and international legislation. In particular, the aim of the course is to equip students with structured skills that allow to deal with issues related to personnel management and trade union relations in the company.
Recommended Text Books: English
GIUGNI, Diritto sindacale, Cacucci, Bari, (LAST EDITION).
To take the 6 CFU exam you must study the last edition of the textbook (currently that of 2015, except for subsequent editions).
To take the examination of industrial relations law from 4 credits it is necessary to study the whole text book (GIUGNI, Trade union law, Cacucci, Bari, last edition), with the exclusion of chapters XI, XII, XIII, XIV.
Method of learning verification: oral test
Recommended Bibliography GIUGNI, Diritto sindacale, Cacucci, Bari, (2014).
To take the 6 CFU exam you must study the last edition of the textbook (currently that of 2015, except for subsequent editions).
To take the examination of industrial relations law from 4 credits it is necessary to study the whole text book (GIUGNI, Trade union law, Cacucci, Bari, last edition), with the exclusion of chapters XI, XII, XIII, XIV.
The manual is updated with appendices available on the publisher’s website.
Methods of Provision
Teaching Methods
Evaluation methods Verification of learning:
The preparation of the students will be tested by oral examinations. The assessment of the degree of preparation of students will be carried out by verifying, during the oral interview, the knowledge and understanding of the subject, the candidate’s ability to draw consistent conclusions and the candidate’s ability to respond to examination questions.
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