The course aims at providing students with critical knowledge on freedom of association, trade union organisation, collective bargaining, and the right to strike. The main topics will also be explored through the study of cases drawn from the Courts and the analysis of current practices of collective bargaining and union matters.
The first part of the course is based on the study of the rules governing trade unions organizations, collectives bargaining in the private and public sector, collective actions (mostly about public services). In the second part of the course it will be deepened some relevant issues studied in the first part, through the analysis of case-law. Aim of the course is the comprehension of the Italian system of industrial relations, the knowledge of its particular language and the ability to solve specific problems typically faced by HR manager and consultants.
The first part of the course is devoted to the study of the law governing trade union organization, collective bargaining in the private and public sectors, and industrial action. In the second part, some of the topics covered in the first part will be explored in depth through the analysis of case law. The aim is to understand the complex Italian system of labour relations and its technical language, acquiring the ability to face and solve problems with autonomous assessment, with particular regard to the application of collective agreements and the legal and contractual discipline of industrial conflict.
Individual study and lesson participation will enable students to:
-Understand the structure and functioning mechanism of the industrial relations system
-Acquire knowledge of the legislative and contractual rules governing the industrial relations system, with particular regard to the private sector
-Understand the main dynamics of industrial action, with particular regard to strikes and the use of strategic litigation by trade unions
-Read and critically examine texts of judgments of the Courts of merit, legitimacy, the Constitutional Court, and the Court of Justice
-Read and analyse collective agreements
-Express oneself in appropriate technical legal language.
Lectures, discussion of cases, and analysis of normative materials.
For attending students, specific guided research activities may be organized. The results of these activities will be discussed during a presentation open to all attending students or during the final examination.
Part I: evolution of industrial relation law from its origins to the current system
Part II: trade union freedom; trade union organization; trade union representation and representativeness; trade union activity in the workplace; repression of anti-union conduct and strategic litigation
Part III: collective agreement (effectiveness, non-derogation, effectiveness over time); collective bargaining and the contract system in the private sector (contract levels, relations between contracts of different levels; derogatory agreements); collective bargaining in the public sector
Part IV: Industrial action; Strike and lockout; strike in essential public services.
For Erasmus students who are already familiar with the trade union system of an EU country, a specific study programme will be prepared at their express request.
M. V. Ballestrero. Diritto sindacale, Giappichelli, 2023. Selected readings will be made available in Aulaweb.
Ricevimento: Please contact annamaria.donini@unige.it
ANNAMARIA DONINI (President)
CINZIA CARTA
MARCO NOVELLA (President Substitute)
GIULIA BANDELLONI (Substitute)
I semester from 16 September 2024
The examination will be oral in order to test the acquisition of basic knowledge and understanding of the context and peculiarities of industrial relations.
For those who have attended the course, the final examination may comprise the writing of a paper commenting on a court ruling and the subsequent discussion during the exam.
The exam aims to verify the student's actual knowledge of the theoretical basics of Industrial Relations Law as well as his or her ability to identify and apply the relevant rules to specific cases. The examination aims to verify whether the student can:
- explain legal concepts using appropriate technical language
- identify, distinguish, know, and apply the main regulatory provisions governing industrial relations
- understand and interpret the main legal provisions as well as the texts of some fundamental judgments
- independently identify and apply, also from cases and examples, the rules of industrial relations
Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it
To learn the topics of the course, it is necessary to have acquired basic legal knowledge: private law and constitutional or public law (fundamental rights, relationship between domestic and EU law, sources of law, contracts). Knowledge of the basics of labour law is also helpful.
