INDUSTRIAL RELATIONS LAW
The course aims to understand the importance of the collective dimension of the interests of labour, its historical-evolutionary dimension, recent developments on the domestic and international levels, also in a comparative perspective, the critical issues related to phenomena such as the globalization of enterprises, the digitalization of the economy, the precariousness of labour markets and the fragmentation of production processes, which make the system of representation of interests and the process of defining collective rules more complex and articulated.
The course in Industrial Relations Law deals with the legal and institutional aspects of collective labour relations, in particular: freedom of association and trade union organisation, collective agreement and collective bargaining, workers' representatives in the workplace and their rights, the right to strike. These macro-themes are addressed in the light of the relevant constitutional and international principles as well as the private criteria used to interpret/apply the collective agreement in our system. Particular attention is paid to the theoretical approach that sees in the rules concerning collective labour relations an eminent manifestation of collective autonomy. The legal source will be examined with regard to the legislative discipline supporting trade union activity in the workplace (Workers' Statute), as well as the two laws of 1990 and 2000 on the limits to strikes in essential public services, and the most recent legislative interventions on proximity collective bargaining and tax incentives for collective agreements that provide for productivity bonuses or company welfare measures.
Introduction to trade union law
Freedom of association
The union
Trade union representation and representativeness
Representation in the workplace: rsa and rsu
Trade union activity in the workplace
The collective agreement
Collective bargaining
Bargaining in public work
Unions and the political system
The right to strike
Limits to the right to strike
Strike and essential public services
Other forms of trade union struggle and the lock-out
G. Giugni, Diritto sindacale, Cacucci editore, Bari, last edition, integrated with the text of the interconfederal agreements 10 January 2014 and 9 March 2018, downloadable from the internet and from the dedicated page of the course of study. Other materials will be indicated by the teacher and gradually made available.
The course consists of lectures given by the teacher, exercises and guided discussions on topics covered by research and documentation by students, in testimonies of corporate experts and trade unions.
The learning is verified through a final oral test consisting of 3-4 questions aimed at verifying the ability of systematic framing, the property of language, the ability to link between institutions, the clarity of exposure.
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. Lessons in Industrial Relations Law are held in the first semester and will begin in the week of 23 September 2019. The timetables and classrooms of the lessons are made known on the electronic scoreboard at the entrance to the Viale Pindaro site.
The teacher's e-mail address is: fausta.guarriello@unich.it