LABOUR LAW

General Module

Course Sheet

Course code:

TP11A4A

Academic Year of enrolment:

2019

Year of supply:

2019/2020

Type of Course:

Characterising

Degree:

Course of 1st Cycle Degree in ENVIRONMENT AND WORKPLACE PREVENTION TECHNIQUES

Disciplinary Sector:

Labour Law

Is part of:

LAW AND PSICOLOGY

Location:

CHIETI

Credits:

Programme Year:

Professor and Collaborators:

LALLA MICHELE

Cycle:

First semester

Obligatory attendance:

Yes

Hours of classroom activity:

Individual study hours:

Prerequisites:

nobody

Objectives

The main purpose of the course is to provide students, compatibly with the limited teaching load, with the fundamental institutes of labor law, useful for the typical skills of the prevention technician, so as to be able to interpret the complex discipline in force on the subject, also in the light of a modern and constantly evolving labor market.
Individual study, attendance and participation in the proposed educational activities will enable the student to:
• Understand and remember the regulatory provisions governing labor law;
• Understand the structure and the mechanisms of application of the rules of civil law and those specifically pertaining to labor law;
• be aware of their diversifications;
• Identify the different components of the regulations governing the subject, their development and their contents;
• understand, interpret and apply the relative regulatory framework;
• Identify, understand and distinguish the different types of contracts, their raison d'être, and their respective "interconnections" with the civil law
and constitution;
• understand and contextualize any legislative interventions concerning the juridical configuration of labor law in a context always more dynamic,
characterized by market liberalization, the globalization of law and the modernization of labor contracts.
• Acquire an appropriate technical legal language and use it to express yourself correctly allowing you to relate easily with lawyers,
entrepreneurs, workers and trade unions.

Contents

The course intends to provide the basic knowledge related to the legal configuration of labor law, with the fundamental objective of acquiring the skills necessary to operate in an increasingly dynamic context and on the complex discipline in force in a constantly evolving field, characterized by liberalization of markets, globalization of law and the modernization of labor contracts.
More specifically, the following topics will be the subject of the course:
1) General sources and principles. Degrees of jurisdiction
2) The subordination: identification criteria, contents and obligations
3) The formation of the employment relationship
4) Work time and reduced or limited time module contracts
5) The performance of subordinate work and duties
6) Compensation and severance pay
7) Suspension of the employment relationship
8) Termination of the employment relationship: resignation and dismissal
9) Equality and child labor
10) The protection of employment and the c.d. social safety nets
11) Special employment relationships and administration
12) Security obligation, inspections and criminal law of the work
13) Accidents at work and occupational diseases
14) The protection of workers' rights and the work process
15) Trade union rights
16) Strike and lockout

Extended Syllabus

The evolution of labor law
1. Work and its regulation
2. Labor law
3. The evolution and characteristics of labor law
4. The reforms of the 2000s
5. The reform of the Jobs Act
6. The Jobs Act of self-employment
The sources of labor law
1. General overview of sources of labor law
2. International and supranational sources of labor law
3. State sources
4. Contractual sources
5. The source of regulation of the employment relationship based on the territoriality criterion
6. The custom
7. Constitutional jurisprudence
8. The fundamental rules of interpretation
Employment and other forms of work
1. The characteristics of subordinate employment
2. The protective apparatus of subordinate work
3. Self-employment and differences with subordinate work
4. The parasubordination
5. Continued: Coordinated and continuous collaborations
6. The associative relationships
7. Free work
8. Work in the social enterprise
The collective labor contract
1. The definition and the characteristics of the collective labor contract
2. The historical evolution of the collective agreement in our system
3. The collective agreement of common law
4. The objective effectiveness of the collective agreement of common law
5. The interpretation of the collective agreement of common law
6. The rules of collective bargaining
The individual employment contract
1. The source of the employment relationship: the individual contract
2. The subjects of the employment relationship: employer and employee
3. The subjective assumptions of the employment contract
4. The requirements of the contract: the essential elements
5. The accidental elements of the contract: the condition and the term
6. The trial agreement
7. The permanent contract, the open-ended contract with increasing protections and the special types of CATUC contracts
Public and private mediation and active policies
1. The placement system and active policies (Legislative Decree 150/2015)
2. The mediation activity and the authorized subjects
3. Behavioral obligations for public and private operators
4. Direct hiring of workers
5. Mandatory communication of recruitment and establishment of the relationship
6. Mandatory communications relating to the transformation and termination of the employment relationship
7. The instrument of the "convention" for the employment of disadvantaged and disabled workers
8. The placement of disabled workers
9. Hiring of foreign workers
Production decentralization, labor administration and procurement
1. The repeal of the prohibition on interposition and contract work
2. The administration of work
3. The discipline of administration
4. The regulation of the employment relationship deriving from administration
5. The procurement and protection of workers
6. The posting and protection of workers and transnational posting
The employment relationship: structure and content
1. The complexity of the employment relationship
2. The determination of the position of the worker in the company organization;
3. The single classification
4. The obligation to inform the worker about the conditions of the employment relationship
5. The change in the worker's duties (so-called ius variandi)
6. Suspension and modification of the employment relationship
7. The main obligation of the worker: the service
8. The workers' supplementary obligations: diligence, obedience, loyalty
9. Worker's rights
10. Bullying as a violation of the right to health and protection of the personality
12. Worker's rights relating to his inventions and original works
13. The powers connected with the employer position
14. Governing power (Article 2104 of the Civil Code)
15. The power of supervision and control
16. Disciplinary power (Articles 2106 of the Civil Code and 7 St. Lav.)
17. The employer's obligations
18. The obligation to protect the privacy of workers
17. The employer's obligations
18. The obligation to protect the privacy of workers
Salary
1. The remuneration obligation
2. The structure and systems of remuneration. Piecework and special forms
3. The elements of remuneration
4. The question of "all-inclusive" of remuneration
5. Determination of remuneration
6. The fulfillment of the remuneration obligation: time, place and method
7. Taxable income for social security purposes
8. The protection of labor credit
The place of supply and the organization of working time
1. The place of supply. The transfer of the worker
2. The organization of working time
3. Concept and criteria for organizing working time
4. Overtime work
5. Annual leave
6. Holidays
7. Night work
8. Permits and leave
9. Leave for disability, for special events and for professional training. Worker's illness
Production decentralization, labor administration and procurement
1. The repeal of the prohibition on interposition and contract work
2. The administration of work
3. The discipline of administration
4. The regulation of the employment relationship deriving from administration
5. The procurement and protection of workers
6. The posting and protection of workers and transnational posting
The employment relationship: structure and content
1. The complexity of the employment relationship
2. The determination of the position of the worker in the company organization;
3. The single classification
4. The obligation to inform the worker about the conditions of the employment relationship
5. The change in the worker's duties (so-called ius variandi)
6. Suspension and modification of the employment relationship
7. The main obligation of the worker: the service
8. The workers' supplementary obligations: diligence, obedience, loyalty
9. Worker's rights
10. Bullying as a violation of the right to health and protection of the personality
12. Worker's rights relating to his inventions and original works
13. The powers connected with the employer position
14. Governing power (Article 2104 of the Civil Code)
15. The power of supervision and control
16. Disciplinary power (Articles 2106 of the Civil Code and 7 St. Lav.)
17. The employer's obligations
18. The obligation to protect the privacy of workers
17. The employer's obligations
18. The obligation to protect the privacy of workers
Salary
1. The remuneration obligation
2. The structure and systems of remuneration. Piecework and special forms
3. The elements of remuneration
4. The question of "all-inclusive" of remuneration
5. Determination of remuneration
6. The fulfillment of the remuneration obligation: time, place and method
7. Taxable income for social security purposes
8. The protection of labor credit
The place of supply and the organization of working time
1. The place of supply. The transfer of the worker
2. The organization of working time
3. Concept and criteria for organizing working time
4. Overtime work
5. Annual leave
6. Holidays
7. Night work
8. Permits and leave
9. Leave for disability, for special events and for professional training. Worker's illness
Production decentralization, labor administration and procurement
1. The repeal of the prohibition on interposition and contract work
2. The administration of work
3. The discipline of administration
4. The regulation of the employment relationship deriving from administration
5. The procurement and protection of workers
6. The posting and protection of workers and transnational posting
The employment relationship: structure and content
1. The complexity of the employment relationship
2. The determination of the position of the worker in the company organization;
3. The single classification
4. The obligation to inform the worker about the conditions of the employment relationship
5. The change in the worker's duties (so-called ius variandi)
6. Suspension and modification of the employment relationship
7. The main obligation of the worker: the service
8. The workers' supplementary obligations: diligence, obedience, loyalty
9. Worker's rights
10. Bullying as a violation of the right to health and protection of the personality
12. Worker's rights relating to his inventions and original works
13. The powers connected with the employer position
14. Governing power (Article 2104 of the Civil Code)
15. The power of supervision and control
16. Disciplinary power (Articles 2106 of the Civil Code and 7 St. Lav.)
17. The employer's obligations
18. The obligation to protect the privacy of workers
17. The employer's obligations
18. The obligation to protect the privacy of workers
Salary
1. The remuneration obligation
2. The structure and systems of remuneration. Piecework and special forms
3. The elements of remuneration
4. The question of "all-inclusive" of remuneration
5. Determination of remuneration
6. The fulfillment of the remuneration obligation: time, place and method
7. Taxable income for social security purposes
8. The protection of labor credit
The place of supply and the organization of working time
1. The place of supply. The transfer of the worker
2. The organization of working time
3. Concept and criteria for organizing working time
4. Overtime work
5. Annual leave
6. Holidays
7. Night work
8. Permits and leave
9. Leave for disability, for special events and for professional training. Worker's illness

Recommended Bibliography

F. del Giudice - F. Mariani - F. Izzo
Labor law
Ed. Giurid. Simone - last edition on the market

Any updated Labor Law text

Teaching Methods

frontal lessons

Evaluation methods

Verification of learning:

The exam includes an oral interview on the topics covered in the course.

Contacts/More Information

LABOR LAW
Teacher: Michele Lalla
Degree courses: CDL in Prevention techniques in the environment and in the workplace (1 cfu).
Department of reference: Department of Legal and Social Sciences
e-mail: lallamiky@libero.it - michele.lalla@asl2abruzzo.it
Telephone number: 0873.341684
Days and hours of student reception:
after class time from 6:00 pm to 7:00 pm (same lecture hall at CUMS (ex Ciapi) - Viale Abruzzo 322 - 1st floor - Chieti Scalo).
On Friday from 3.30 pm to 6.30 pm, upon request and booking by mail, classroom lessons at CUMS (ex Ciapi) - Viale Abruzzo 322 - 1st floor - Chieti Scalo).

The frequency of the training is compulsory and is verified by the Teacher, who does not admit the student to the exam if the attendance to the educational activity of the integrated teaching is less than 70% or less than 50% of the single logistic teaching activity that the up.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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