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Advanced Labour Law - programma
Advanced Labour Law - programma

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MARCO BIASI , responsabile dell'insegnamento

Corso di laurea in MANAGEMENT OF HUMAN RESOURCES AND LABOUR STUDIES (MLS) Classe LM-62 Enrolled from 2014/2015 academic year - Laurea Magistrale - COMPARATIVE SOCIAL POLICY AND EMPLOYMENT RELATIONS - 2018/2019

Insegnamento obbligatorio
Anno di corso2s
Periodo di svolgimentosecondo trimestre
Settori scientifico disciplinari
  • IUS/07 - Diritto del lavoro
Crediti (CFU) obbligatori6
Crediti (CFU) facoltativi-

Informazioni generali

Obiettivi: The Course is aimed at providing students with an expertise in the correct use of the comparative method in the employment and labour law field. In fact, as authoritatively stated, the comparative method is not strictly a "topic", but rather a method: therefore, the Course does not intend to overview the most significant laws, statutes and practises in the work environment; on the contrary, the intriguing challange of the course is to inquire on the social, historical, environmental grounds that might explain the single country specificities in the work regulation and, thereafter, to critically discuss the potential cross-country transplantition of the legal solutions in the relevant field. Accordingly, the students are supposed to give evidence, not only of their knowledge of the legal institutions that we will be analyzed during the whole Course, but also their ability to correctly apply the comparative method in the effort to underline the convergences and the divergences (and their possible explanations) in the different legal solutions enacted at national level.

Lingua dell'insegnamento: English

Metodi didattici: The teaching approach is based on the circulation among students of selected materials (papers of well-known Scholars, National and International Case-Law) on selected issues of Comparative Employment and Labour Law.
The involvement of students and their active participation in class discussion is highly recommanded.

Programma di studio

Programma: 1. Introduction to Civil Law and Common Law Legal Systems. Labour Law and the Comparative Method;
2. Whom is Labor Law for? The evolution of the Contract of Employment;
3. The «crisis» of the employment relationship and the re-discovery of Self-employment;
4. The notion of the Employer; The making of Collective Labor Law. Continental Europe and UK;
5. Centralized and decentralized models of collective bargaining, minimum wage policies and the regulation of industrial action;
6. Collective Labor Law in the US and the FIAT/Chrysler Case;
7. Employee Involvement in the management of companies;
8. Dismissal law in a comparative perspective.

Programma per non frequentanti: 1. Introduction to Civil Law and Common Law Legal Systems. Labour Law and the Comparative Method;
2. Whom is Labor Law for? The evolution of the Contract of Employment;
3. The «crisis» of the employment relationship and the re-discovery of Self-employment;
4. The notion of the Employer; The making of Collective Labor Law. Continental Europe and UK;
5. Centralized and decentralized models of collective bargaining, minimum wage policies and the regulation of industrial action;
6. Collective Labor Law in the US and the FIAT/Chrysler Case;
7. Employee Involvement in the management of companies;
8. Dismissal law in a comparative perspective.

Short course description english flag

Labour Law shows different features in any legal and economic context. A comparative approach may provide a critical point of view on the national Labour Law regulations and the comparative methodology might be extremely useful in coping with the complexities of personnel management worldwide.

Bibliografia e altri materiali didattici: Course Slides;
O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1 ff.;
B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 31 ff.;
Guy Davidov, Mark Freedland and Nicola Kountouris, The subjects of labor law: ‘Employees’ and other workers, Matthew W. Finkin and Guy Mundlak (edited by), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115 ff.;
L. Corazza, O. Razzolini, Who is an Employer?, WP C.S.D.L.E. “Massimo D’Antona”.INT, 2014, 110;
O. Razzolini, Network Forms of Organization and Network Agreements in a Labour Law Perspective: Two Tuscan Case Studies, E. Ales et Alii (edited by), Employment Relations and Transformation of the Enterprise in the Global Economy, Giappichelli, 2016, 67 ff.;
A. Jacobs, Collective Self-Regulation, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 193 ff.;
O. Kahn-Freund, Trade Unions, the Law and Society, Modern Law Review, 1970, 33, 3, 241;
European Court of Human Rights, Associated Society of Locomotive Engineers & Firemen (ASLEF) v United Kingdom, 27th February 2007;
P. De Gioia Carabellese, R.J. Colhoun, G. Zilio Grandi, The Concept of “Protected Trade Dispute” in the UK Legislation: A (Still and Never-Ending) Fashionable Notion to be Exported to the Continent, Despite “Metrobus” and “British Airways”?!, WP Adapt, 2013, 134;
Supreme Judicial Court of Massachusetts, Commonwealth v. Hunt, 45 Mass. 111 (1842);
US Supreme Court, Phelps Dodge Corp. v. NLRB, 313 U.S. 177 (1941);
M. Biasi, Statutory Employee Representation in Italian and US Workplaces: Comparative Analysis of the Fiat/Chrysler Case, in Labor Law Journal, 2015, 4, 233 ff.;
M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459 ff.;
J. Prassl, Employee Shareholder “Status”: Dismantling the Contract of Employment, Industrial Law Journal, 2013, 42, 4, 307 ff.;
M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7 ff.

Bibliografia e altri materiali didattici per non frequentanti: Course Slides;
O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1 ff.;
B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 31 ff.;
Guy Davidov, Mark Freedland and Nicola Kountouris, The subjects of labor law: ‘Employees’ and other workers, Matthew W. Finkin and Guy Mundlak (edited by), Comparative Labor Law. Research Handbooks in Comparative Law series, Eduard Elgar, 2015, 115 ff.;
L. Corazza, O. Razzolini, Who is an Employer?, WP C.S.D.L.E. “Massimo D’Antona”.INT, 2014, 110;
O. Razzolini, Network Forms of Organization and Network Agreements in a Labour Law Perspective: Two Tuscan Case Studies, E. Ales et Alii (edited by), Employment Relations and Transformation of the Enterprise in the Global Economy, Giappichelli, 2016, 67 ff.;
A. Jacobs, Collective Self-Regulation, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 193 ff.;
O. Kahn-Freund, Trade Unions, the Law and Society, Modern Law Review, 1970, 33, 3, 241;
European Court of Human Rights, Associated Society of Locomotive Engineers & Firemen (ASLEF) v United Kingdom, 27th February 2007;
P. De Gioia Carabellese, R.J. Colhoun, G. Zilio Grandi, The Concept of “Protected Trade Dispute” in the UK Legislation: A (Still and Never-Ending) Fashionable Notion to be Exported to the Continent, Despite “Metrobus” and “British Airways”?!, WP Adapt, 2013, 134;
Supreme Judicial Court of Massachusetts, Commonwealth v. Hunt, 45 Mass. 111 (1842);
US Supreme Court, Phelps Dodge Corp. v. NLRB, 313 U.S. 177 (1941);
M. Biasi, Statutory Employee Representation in Italian and US Workplaces: Comparative Analysis of the Fiat/Chrysler Case, in Labor Law Journal, 2015, 4, 233 ff.;
M. Biasi, On the Uses and Misuses of Worker Participation: Different Forms for Different Aims of Employee Involvement, International Journal of Comparative Labour Law and Industrial Relations, 2014, 4, 459 ff.;
J. Prassl, Employee Shareholder “Status”: Dismantling the Contract of Employment, Industrial Law Journal, 2013, 42, 4, 307 ff.;
M. Biasi, G. Tuzet, From Judge-made Law to Scholar-made Law? The strange Case of Employment-at-Will in the US, Biblioteca della Libertà, 2016, 2, 7 ff.

Modalità di esame, prerequisiti, esami propedeutici

Esame in un'unica volta o suddiviso in partiunico
Modalità di accertamento conoscenzeEsame
Giudiziovoto verbalizzato in trentesimi

Prerequisiti e modalità di esame The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and four open questions (0-3 points each);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score.

Prerequisiti e modalità di esame per non frequentanti The final evaluation of the Candidate is based on the following two components:
1) a mandatory, written exam, whereby the Candidate answers to 20 multiple-choice items (one point each) and four open questions (0-3 points each);
2) individual or, better, collective presentation in class on a specific topic will be evaluated up to 3 points on the final score.

Attività propedeutiche consigliate European and Comparative Labour Law

Organizzazione della didattica

Settori e relativi crediti

  • Settore: IUS/07 - Diritto del lavoro - Crediti: 6
Attività didattiche previste

Lezioni: 40 ore

Ricevimento Docenti

Orario di ricevimento Docenti
DocenteOrario di ricevimentoLuogo di ricevimento
MARCO BIASI , responsabile dell'insegnamentoGiovedì dalle ore 14.00 alle 16.00.Dip.to di Scienze Giuridiche "Cesare Beccaria"

Avvertenze e altre informazioni

The Course is aimed at providing students with an expertise in the correct use of the comparative method in the employment and labour law field.
In fact, as authoritatively stated, the comparative method is not strictly a "topic", but rather a method: therefore, the Course does not intend to overview the most significant laws, statutes and practises in the work environment; on the contrary, the intriguing challange of the course is to inquire on the social, historical, environmental grounds that might explain the single country specificities in the work regulation and, thereafter, to critically discuss the potential cross-country transplantition of the legal solutions in the relevant field.
Accordingly, the students are supposed to give evidence, not only of their knowledge of the legal institutions that we will be analyzed during the whole Course, but also their ability to correctly apply the comparative method in the effort to underline the convergences and the divergences (and their possible explanations) in the different legal solutions enacted at national level