Labour law

  • A.A. 2022/2023
  • CFU 8
  • Ore 40
  • Classe di laurea L-14
Gabriele Franza / Professore di ruolo - II fascia (GIUR-04/A)
Dipartimento di Giurisprudenza
Prerequisiti

it is suggested to develop a prior knowledge of Constitutional Law and Fundamental Rights

Obiettivi del corso

The course aims to provide students with a general overview of the so-called European social model, from its historical development to its place in the current economic and employment crisis. The analysis moves then to the principles of European labour law, recognized in the EU Charter of Fundamental Rights, as well as to the directives aimed at implementing those principles. Besides the knowledge of the evolution of European social policy, of the European principles of labour law and of individual legal institutions, students will have to acquire a method that allows them to understand the problems posed by the transposition of the various directives by the Member States, in dialogue with the case law of the EU Court of Justice.

Programma del corso

Constitutional principles of Italian labour law
International and European labour law
European labour law and social dimension of the European Union
Free movement of workers and freedom of services in the common market
From free movement to labour and social law and policy
The Single European Act and European social dialogue
The Community Charter of the Fundamental Social Rights of Workers
The Protocol and Agreement on Social Policy of the Maastricht Treaty
European labour law and European social model
The European Employment Strategy
The open method of coordination and the Lisbon Strategy
The European Social Charter and the Treaty of Nice
The EU Charter of fundamental rights and EU competences
The role of the European Court of Justice
Equal treatment and anti-discrimination law
Harmonisation and industrial relation context
Restructuring of enterprises: collective redundancies and company or business transfer
Working time, health and safety at work, EU standards
Fair and just working conditions
Protection in the event of unjustified dismissal
Employment and labour market
Part time work, fixed-term work and temporary agency work
Collective labour law
Information, consultation and participation
Freedom of association
Right of collective bargaining and action and posting directive

Testi (A)dottati, (C)onsigliati
  • 1.  (C) F. Carinci, E. Menegatti Labour Law and Industrial Relations in Italy Wolter Kluwer Italia, Milano, 2015
  • 2.  (A) G. Casale Fundamentals of International Labour Law Giappichelli, Torino, 2020 » Pagine/Capitoli: 1-78
  • 3.  (A) T. Jaspers, F. Pennings, S. Peters European Labour Law Intersentia, Cambridge, 2019 » Pagine/Capitoli: 4-15; 45-495
Altre informazioni / materiali aggiuntivi

The adopted textbook is a basic text and is valid for attending and non-attending students. For the attending students jurisprudential and legislative material for the analysis of specific cases will be available

Metodi didattici
  • Frontal lesson. The course will be as interactive as possible. Additional teaching materials (judgments of the EU Court of Justice and national courts, documents of the European Commission or other European bodies) will be provided to the students through the course's website. Students will be also requested to read recent EU Court of Justice decisions and to present them to their colleagues in specific classes.
Modalità di valutazione
  • Assessment of attending and non-attending students' learning outcomes will take the form of open ended written tests, at the end of the course. The test will include questions dealing with the course topics, also to verify the understanding of problems posed by the transposition of directives in the Member States.
Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English

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