OVERVIEW

The lessons examines some legal issues related to:

- the practice as labour consultant;

- the management of human resources in the field of private employment.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide specialist insights on legal issues Connected to practice as a labor consultant profession and, more generally, of the professions related to Human Resource Management in the private labor sector.

AIMS AND LEARNING OUTCOMES

• Knowledge and understanding: students must acquire adequate knowledge and an effective understanding of the main legal issues involved in employment consultancy activities.
• Ability to apply knowledge and understanding: students must be able to apply the knowledge acquired and understand and solve problems that may arise in application practice.
• Autonomy of judgement. Students must be able to use the knowledge acquired both on a conceptual and operational level with independent evaluation skills and skills in different application contexts.
• Communication skills: students must acquire the technical language typical of the discipline to communicate clearly and unambiguously with specialist and non-specialist interlocutors.
• Learning ability. Students must develop adequate learning skills that allow them to continue to independently explore the main topics of the discipline, especially in the work contexts in which they will find themselves operating.

PREREQUISITES

No prerequisites.

TEACHING METHODS

The theoretical lessons are integrated by the analysis of case studies and the discussion with the students.

Students who have valid certification of physical or learning disabilities  and who wish to discuss possible accommodations or other circumstances regarding lectures, coursework and exams, should speak both with the instructor and with Professor Serena Scotto (scotto@economia.unige.it), the Department’s disability liaison.

SYLLABUS/CONTENT

The program is divided into six sections. The first section is preparatory in nature and consists of a reminder of the basic knowledge of labor law necessary to be able to deal with subsequent thematic insights. The next five sections are specialized in-depth.

Preliminary part

The employment relationship. Figures on the borders of subordination. The self-employment relationship. Coordinated and continuous collaborations. Mandatory nature of the discipline and hetero-integration of the contract. Unavailability of workers' rights, waivers, transactions, settlement receipts.

The certification of employment contracts: nature, object, procedure, effects, challengeability Examples taken from the experience of the Certification Commission of the University of Genoa.

Notes on conciliation in labor disputes (in administrative and trade union settings).

Thematic area no. 1: obligations relating to the hiring of workers

Personnel selection. Contribution benefits during the hiring phase. Mandatory placement. Requirements necessary for the establishment of the employment relationship. Books and documents necessary for hiring purposes. Privacy disclaimer. Undeclared work and consequences.

Thematic area no. 2: contribution and social security ratio

Financing of the social security system. Principle of autonomy of the contributory relationship. Minimum and maximum contributions. Principle of automatic performance. Prescription of contributions. Employer's social security classification: criteria for classification and disputes with INPS. Complaints and certifications. Payment of contributions and sanctioning system.

Thematic area 3: management of the employment relationship

Worker classification and modification of duties. Remuneration: proportionality and sufficiency. Non-wage discrimination. Forms of remuneration and the question of all-inclusiveness. Severance pay. Salary prescription. Pay slip. Income support tools: unemployment, unemployment and partial unemployment. Earnings redundancy fund. Public and private services for the so-called protection. “active” of the unemployed. The principle of conditionality and sanctioning mechanisms.      

Thematic area no. 4: health and safety at work

Art. 32 Constitution and art. 2087 c.c. Employer's safety obligation and obligations.

Suspension of the employment relationship (in particular illness and maternity leave). Accidents at work and occupational diseases.

Thematic area 5: business fragmentation and work outsourcing

The prohibition of illicit interposition. The provision of work. Procurement. The detachment. The network contract.  Co-ordination. The transfer of a company and business branch. Transfer and business crisis in bankruptcy proceedings.

RECOMMENDED READING/BIBLIOGRAPHY

The list of items to be studied will be shown on AulaWeb.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

2° semester

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam consists in an oral test.

ASSESSMENT METHODS

The oral exam will allow to verify the knowledge acquired and the possession of adequate legal language.

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.

FURTHER INFORMATION

It's useful, but not required, the basic knowledge of labur law. It's suggested to refer to Ballestrero, De Simone, Diritto del lavoro, Giappichelli, last edition.