law

10% of the hours: GENERAL FRAMEWORK, including a lesson on the position of labour law in the juridical system. Definition, function and sources of labor law. Historical profile of Italian trade union law. Trade union freedom. 35% of the hours: COLLECTIVE LABOUR LAW, 10 hours dedicated to deepening and training. The trade union organization. Trade union activity in general. The union activity in the company in the law n. 300 of 1970. The company trade union representatives. The regulations of the r.s.a. and the transition from union representation to the legal relevance of representativeness. The r.s.u. and their contractual discipline (single text on the representation of 10 January 2014). Judicial protection of trade union activity. The repression of anti-union behavior. The collective agreement. Concept, content and effects. The indefeasibility of the collective agreement. The subjective effectiveness of the collective agreement. The inactuation of the art. 39 of the Constitution and the extension of the collective agreement beyond the scope of the members of the stipulating trade union. Expiry, ultractivity, withdrawal. The relationships between collective agreements of different levels and the succession of collective agreements over time. Law and collective agreement. Referrals to the collective agreement. The special supplementary or derogatory powers assigned by law to the collective agreement. Article. 8 of the d.l. August 13, 2011, n. 138, conv. L. September 14, 2011, n. 148. Collective bargaining. Strike. "Anomalous" forms of strike. The lock. The strike in the SPEs. 55% of the hours: to INDIVIDUAL RELATIONSHIPS LABOUR LAW; 12 hours dedicated to deepening and practising. Introduction to the study of labor relations. The origins of the employment contract. The employment relationship. The subordination in the art. 2094 c.c. - The indexes jurisprudenziali - Contract and employment relationship. Black labor and the cost of employment on the tax and social security. The tasks and classification of the employee. The obligations of the employer and the disciplinary power of the employer. The power of control and the discipline of remote controls. The rights of the worker with economic content. Measures to protect welfare. The worker's personal rights, protection of privacy and protection of the worker against discrimination. The regulation on working hours and safety at work. The suspension of the employment relationship. The subjective modifications of the employment relationship. Business transfer. Individual and collective redundancies. The protections against illegitimate lay-offs. Resignation and consensual termination. The guarantees of worker rights. Prescription and forfeiture. Flexible working relationships. Fixed-term work. I work part-time. Intermittent work. Administration and contract. Outsourcing forms. Teleworking and "agile" or smart work. Self-employment and the work contract. Forms of protection of non-entrepreneurial self-employment. The coordinated and continuous collaboration relationships and the collaborations organized by the client. The provision of occasional services. The certification of employment contracts. The public measures against unemployment.

Private law and Public law. A basic knowledge of Private law is needed.

Giuseppe Santoro-Passarelli, Diritto dei lavori e dell'occupazione, Giappichelli, Torino, 2021 o comunque ultima edizione.

The course is divided into lectures concerning the various themes of the program. PowerPoint slides can be projected. The student is stimulated to participate in an active way to the lesson. The student can access documents and papers to integrate the contents of the course, using the Sapienza Google Drive platform. The modalities of the lessons cope with the objects of the course. Lessons can be substituted, in case of necessity, by distance learning using Google Meet.

Attendance at lessons is not mandatory.

The exam is oral and consists of at least two questions related to the course contents The evaluation is based on the following criteria: - completeness of the answer; - language skills; - logic skills in the argumentation; - ability to express concepts; - ability to drop concepts into reality.

For the bibliography refer to the book above-mentioned.

The course will consist of lectures and seminars.

The course takes into consideration the features of union law and the discipline of the individual work relationship, with some mention of the constitutional principles of social security. Particular attention will be devoted to the deepening of the latest reforms as well as to the analysis of jurisprudence. In more detail, the following institutes will be treated during the lessons: - the subjects of trade union law; - the forms of corporate union representatives; - trade union rights in the company; - the collective agreement; - the unbeatable and subjective effectiveness; - the national collective and corporate collective agreement; - relations between collective agreements of different levels; - strike; - a strike in essential public services; - the employment relationship; - the subordination indices; - the employment contract and the clause referring to the collective agreement; - tasks; - working hours and remuneration; the types of contracts and the full-time and permanent employment contract; - the fixed-term employment contract; - flexible time contracts: intermittent and part-time; - the administration of work; - contract, transfer, transfer and secondment; - business transfer; - autonomous and hetero-organized collaborations; - the termination of the employment relationship; - dismissal for just cause and for a justified subjective reason; - dismissal for justified objective reasons; - collective redundancies; - renunciations and transactions.

Prerequisites required by the academic regulations of the degree course

1) G. Santoro-Passarelli, Diritto dei Lavori e dell’occupazione, Giappichelli, last edition 2) it is essential to consult legislative texts updated to the most recent reforms

Class attendance is optional

The exam consists of an oral interview aimed at verifying the level of learning achieved by the student with reference to a) basic knowledge of the reference regulatory framework; b) the ability to illustrate institutions with regard to the positive law base, the theoretical configuration of the same as stated in the examination texts. The questions may concern the entire content of the exam texts. For the final evaluation of the candidates both the general property of language and the mastery of the technical and legal concepts and terms are taken into account, also considering the placement in the third year of the exam.

1) G. Santoro-Passarelli, Diritto dei Lavori e dell’occupazione, Giappichelli, edizione 2021.

classroom lessons and assisted exercises.

10% of the hours: GENERAL FRAMEWORK, including a lesson on the position of labour law in the juridical system. Definition, function and sources of labor law. Historical profile of Italian trade union law. Trade union freedom. 35% of the hours: COLLECTIVE LABOUR LAW, 10 hours dedicated to deepening and training. The trade union organization. Trade union activity in general. The union activity in the company in the law n. 300 of 1970. The company trade union representatives. The regulations of the r.s.a. and the transition from union representation to the legal relevance of representativeness. The r.s.u. and their contractual discipline (single text on the representation of 10 January 2014). Judicial protection of trade union activity. The repression of anti-union behavior. The collective agreement. Concept, content and effects. The indefeasibility of the collective agreement. The subjective effectiveness of the collective agreement. The inactuation of the art. 39 of the Constitution and the extension of the collective agreement beyond the scope of the members of the stipulating trade union. Expiry, ultractivity, withdrawal. The relationships between collective agreements of different levels and the succession of collective agreements over time. Law and collective agreement. Referrals to the collective agreement. The special supplementary or derogatory powers assigned by law to the collective agreement. Article. 8 of the d.l. August 13, 2011, n. 138, conv. L. September 14, 2011, n. 148. Collective bargaining. Strike. Anomalous; forms of strike. The lock. The strike in the SPEs. 55% of the hours: to INDIVIDUAL RELATIONSHIPS LABOUR LAW; 12 hours dedicated to deepening and practising. Introduction to the study of labor relations. The origins of the employment contract. The employment relationship. The subordination in the art. 2094 c.c. - The indexes jurisprudenziali - Contract and employment relationship. Black labor and the cost of employment on the tax and social security. The tasks and classification of the employee. The obligations of the employer and the disciplinary power of the employer. The power of control and the discipline of remote controls. The rights of the worker with economic content. Measures to protect welfare. The worker's personal rights, protection of privacy and protection of the worker against discrimination. The regulation on working hours and safety at work. The suspension of the employment relationship. The subjective modifications of the employment relationship. Business transfer. Individual and collective redundancies. The protections against illegitimate lay-offs. Resignation and consensual termination. The guarantees of worker rights. Prescription and forfeiture. Flexible working relationships. Fixed-term work. I work part-time. Intermittent work. Administration and contract. Outsourcing forms. Teleworking and "agile" or smart work. Self-employment and the work contract. Forms of protection of non-entrepreneurial self- employment. The coordinated and continuous collaboration relationships and the collaborations organized by the client. The provision of occasional services. The certification of employment contracts. The public measures against unemployment.

Private law and Public law. A basic knowledge of Private law is needed.

Giuseppe Santoro-Passarelli, Diritto dei lavori e dell'occupazione, Giappichelli, Torino, 2022 o last edition. For the bibliography refer to the book above-mentioned.

Lessons are held by encouraging active participation of students by proposing questions and analyzing practical cases.

Attendance is not mandatory but is strongly recommended.

The final test will take place through a single oral test, based on at least three open-ended and open-ended questions. There are no intermediate tests. To pass the exam, a grade of not less than 18/30 is required. The questions will focus on the contents of the course as indicated by the program. The first question will concern a general theme and will contribute to the final evaluation up to 18/30. The second question will concern a specific theme and will contribute to the final evaluation up to a further 6/30 The third question will concern a specific theme that will require you to demonstrate the ability to apply theoretical notions to a concrete case and will contribute to the final evaluation for a further 6/30. For the purposes of assigning marks and any honors, the ability to learn and knowledge of the reference standards, the ability to understand the problems, the applicative skills of theoretical notions, the autonomy of judgment and the expository skills will be assessed. To achieve a score of 30/30 cum laude, the student must instead demonstrate that he has acquired an excellent knowledge of all the topics covered during the course, being able to connect them in a logical and coherent way and that he can solve concrete cases on the basis of reasonable solutions.

In line with the training objectives including not only the acquisition of theoretical knowledge but also the development of the ability to apply the notions learned to the resolution of practical cases, the teaching methods used are two: lectures and exercises focused on group work. The lessons provide for the active participation of the collaborators of the chair and of the students, in order to encourage a cross-examination aimed at accustoming the student to clearly present their theses in front of fellow students. The exercises are inspired by judgments and aim to simulate defensive colleges called to correctly apply the regulations studied in class to concrete cases.