Università Roma Tre

The course consists of two teaching modules.
The first module concerns the general part and trade union law (Introduction to the study of labor law). The boundaries and the meaning of labor law. Historical evolution and current trends. Sources. Constitutional principles. European sources and international aspects of Trade union law. Trade union freedom and Trade Union Organization. Union rights and their protection with particular reference to art. 28 of the Workers’ Statute. The collective agreement: the structure of collective bargaining, the negotiability and effectiveness of the collective agreements at different levels, the relationship between law and collective agreement. The strike and other forms of union struggle; the strike in essential public services.
The second module concerns the employment relationship: the employment contracts (subordinate, autonomous, coordinated). The flexible contractual forms. The forms of indirect acquisition of work. The subordinate employment contract: the subjective and objective requirements. The obligations of the employer: collaboration, diligence, obedience, loyalty. The powers of the employer. The protection of the person, of dignity and freedom of workers. The prohibitions of discrimination. Worker’s rights: pay, holidays, rest, leave, right to health and safety. The content of the work performance: the tasks, the working hours. The end of the employment relationship: individual dismissals. The enterprise crisis and excess staff: earning redundancy fund, solidarity contracts, transfer of the undertaking, collective dismissals. The protection of the employer’s rights; waivers and transactions; limitation. The employment services and the worker’s protection on the labor market.

M. Esposito, L. Gaeta, A. Zoppoli, L. Zoppoli, Diritto del lavoro e sindacale, Giappichelli, 2023