The course aims to allow the student to know and understand the essential elements of the employment contract. To this end, the student will be able to read critically the contractual arrangement of a subordinate lender as it will be put into the condition of investigating the fundamental and most problematic links that characterize the genesis, development and conclusion of the relationship, for the purpose of To understand the main issues related to the legal link between the employer and the employee. In addition, a detailed analysis of the major tools offered by the organization to safeguard the weak categories in the labor market will give the student the opportunity, applying the knowledge and understanding of the topics dealt with, acquiring the ability to contribute and To the orientation of those in difficulty, in order to solve any critical situations related to social exclusion and to remove obstacles that prevent active inclusion in the world of work.
The course will be divided into two parts: a first part of the lessons will be devoted to the foundations of labor and union law, such as sources, collective bargaining, the role and functions of trade unions, the employment contract, duties and Party powers, the labor market and flexible employment contracts, the withdrawal and the protection of the rights of the subordinate worker; A second part will be devoted to deepening the most important topics for social service providers, such as: the job placement system, with particular reference to the placement of disadvantaged people (compulsory placement, disability, non-EU citizens) ; The contractual models aimed at entering the labor market of weaker subjects: (apprenticeship, internships, internships); Special working relationships with weak or disadvantaged people (the work of minors, the work of detainees) or in any case more used in the social services sector (work in cooperatives); The protection of women and anti-discriminatory protection.
R. DEL PUNTA, Diritto del lavoro, Giuffrè, Milano, 2019
Sezione prima: cap. IV. La Costituzione. – cap. VI. Le fonti del diritto del lavoro.
Sezione seconda. cap. I. Organizzazione e azione sindacale. - cap. II. Sindacato e ordinamento giuridico. - cap. III. La contrattazione collettiva. - cap. V. Le relazioni sindacali in azienda.
Sezione quarta. cap. I. Il lavoro subordinato. - cap. II. Lavoro autonomo, coordinato, occasionale.
Sezione quinta. cap. I. L’accesso al lavoro. – cap. II. La struttura del rapporto di lavoro. – cap. III. Oggetto e luogo della prestazione di lavoro. - cap. IV. Il tempo della prestazione di lavoro. – cap. V. Potere di controllo e tutela della privacy. – cap. VI. Il potere disciplinare. - cap. VII. La retribuzione. - cap. IX. Eguaglianza e discriminazioni - cap. X. Le sospensioni del lavoro. - cap. XI. L’estinzione del rapporto di lavoro. - cap. XII. La crisi dell'impresa.
Sezione sesta. cap. I. Il lavoro a orario ridotto e flessibile. - cap. II. Il lavoro a termine. - cap. III. Il lavoro dei giovani. - cap. IV. Il lavoro “esterno”.
The course is divided into frontal lessons. During the course, the general issues related to the application of the foundation's characteristics of each institution will be discussed and any jurisprudential guidelines related to the interpretation of the most controversial legal concepts involved.
The slides used to support the lessons will be uploaded to the Elly platform in two tranches: a first about half course, a second at the end of lessons. Slides are complementary and supportive material and should not be construed as substitutes for the study of the reference texts indicated.
The examination of the achievement of the objectives of the course involves an oral examination.
Questions regarding the contents of the course will be verified if the student has achieved the goal of knowledge and understanding of the discipline of the different working classes dealt with in the lesson; In particular, by asking questions about the supporting tools for the weak categories, it will be verified if the student has achieved the goal of knowing how to apply the acquired knowledge.
For only attending students there is a chance to complete a written exam with questions on a single date at the end of the lesson cycle (date that will be agreed with the teacher during the first few weeks of the lesson) Multiple answers (4 possible answers, one only): as with the oral test, the objective of the questions will be to verify the achievement of the knowledge and understanding of the discipline of the different workplace lessons, with particular attention to the tools To support the weak categories, and to find the ability to know how to evaluate their practical application.
The duration of the written test is 2 hours. The written exam is rated at 0-30. Praise is given following evaluation of the teacher about the number and nature of the errors found.