TRANSNATIONAL LABOUR LAW

Single discipline educational activity

Course Sheet

Course code:

000460L

Academic Year of enrolment:

2023

Year of supply:

2023/2024

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 those who have not previously taken the labour law exam, supplementary background reading will be suggested.

Objectives

The course aims to train a European company lawyer who has knowledge of the regulatory constraints imposed by supranational sources on the activity of companies operating in a transnational context with regard to the management of labour relations. In particular, it aims to raise awareness of binding and non-binding instruments from the perspective not of mere compliance with regulatory obligations, but of a proactive attitude to change through good practices of transnational collective bargaining, social dialogue and involvement of workers and their representatives in the continuous improvement of working conditions towards social, economic and environmental sustainability goals.

Contents

The Transnational Labour Law course illustrates the supranational sources of regulation of labour relations in the transnational enterprise. In particular, the hard law and soft law sources issued by the International Labour Organisation (ILO); codes of conduct for multinational enterprises; due diligence processes on human rights and the environment concerning controlling or contracting companies and their supply chains; as well as European social law disciplines concerning in particular the free movement of workers, transnational posting, equal treatment and prohibitions of discrimination, fundamental social rights, transnational collective bargaining and social dialogue, and the collective rights of information, consultation and participation of worker's representatives in the enterprise.
Particular attention will be paid to regulatory news, e.g. the directive on platform workers or corporate due diligence.

Extended Syllabus

Supranational sources of labour law. Distinction between binding and non-binding sources.
In particular the International Labour Organisation: origin, characteristics, regulatory instruments, supervision and monitoring mechanisms. Soft law sources addressed to multinational companies. European labour law: treaties, charters, regulations and directives and implementation processes in member states. The role of the Court of Justice. The principle of free movement of workers and enterprises: transnational posting of labour. Equal treatment u/d and other factors; prohibitions of discrimination; equal opportunities and positive action. European collective bargaining, social dialogue, European workers' representative bodies. The protection of workers on digital platforms. The Adequate Minimum Wage Directive.

Recommended Bibliography

A. Perulli, V. Brino, Diritto internazionale del lavoro, Giappichelli, Torino, 2023; M.Roccella, T. Treu, M. Aimo, D. Izzi, Diritto del lavoro dell'Unione europea, Kluwer, Milano, 2023 (selected chapters)

Methods of Provision

Conventional

Teaching Methods

The course consists of lectures, guided discussions, seminars, and the presentation of cases by students.
The presence of a foreign visiting professor will allow for comparative seminars aimed at illustrating and discussing the different approach followed by another national legal system to issues of European/international relevance, also through the analysis of significant case law cases, transnational company agreements, supervisory plans.

Evaluation methods

Verification of learning:

Since the course is conducted in an interactive manner, the learning assessment will concern the student's commitment to the entire course of study, verified through the evaluation of his active participation in discussions, the presentation of individual or group work, questions and interventions made in the classroom, participation in seminars and practical exercises. The final examination will contribute to the overall assessment on the basis of the answer to 2-3 questions, in which the personal preparation on the entire programme, the ability to systematically frame the institutes, and the property of language will be assessed. The final grade is expressed in 30ths, with a minimum mark of 18/30 for a barely sufficient evaluation, from 19 to 23/30 for a sufficient evaluation, from 24 to 26/30 for a fair evaluation, from 27 to 30/30 for a good evaluation, with the award of distinction for an excellent evaluation. The submission of individual or group work in English will be taken into account for assessment purposes.

Contacts/More Information

The course will be taught partly in Italian, partly in English. Supplementary materials (slides, judgments, agreements, normative texts) will be uploaded by the lecturer onto the course's FAD.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree