Course 2014-2015 a.y.



Department of Legal Studies

Course taught in English

Go to class group/s: 31
CLMG (6 credits - I sem. - OP  |  IUS/07) - M (6 credits - I sem. - OP  |  IUS/07) - IM (6 credits - I sem. - OP  |  IUS/07) - MM (6 credits - I sem. - OP  |  IUS/07) - AFC (6 credits - I sem. - OP  |  IUS/07) - CLAPI (6 credits - I sem. - OP  |  IUS/07) - CLEFIN-FINANCE (6 credits - I sem. - OP  |  IUS/07) - CLELI (6 credits - I sem. - OP  |  IUS/07) - ACME (6 credits - I sem. - OP  |  IUS/07) - DES-ESS (6 credits - I sem. - OP  |  IUS/07) - EMIT (6 credits - I sem. - OP  |  IUS/07)
Course Director:

Classes: 31 (I sem.)

Course Objectives

Industrial relations systems show different features and issues in different legal and economic contexts. Analyzing these differences with a comparative approach provides the students with a critical view of the topic.
The teaching approach is based on the previous circulation among students of selected materials (papers of well-known Scholars, National and International Court's decisions, pieces of national legislation) on key issues of the regulation in the field of Comparative Employment Law and Industrial Relations.

Course Content Summary

1) Topic: General Introduction

Materials: Course Slides

Further readings:

2) Topic: Labour Law and the Comparative Method

Materials: S. Liebman, Evaluate Labor Law: Dismissal Rules, Bocconi University Legal Studies Research Paper, 2008, 43; O. Kahn-Freund, On Uses and Misuses of Comparative Law, Modern Law Review, 1974, 37, 1, 1-27.

Further readings:

3) Topic: Who is Labour Law for? The evolution of the Contract of Employment

Materials: B. Veneziani, The Evolution of the Contract of Employment, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 31-72; B. Hepple, Factors Influencing the Making and Transformation of Labour Law in Europe, G. Davidov & B. Langville (edited by), The Idea of Labour Law, Oxford University Press, 2013, 30-42.

Further readings: O. Kahn-Freund, A Note on Status and Contract in British Labour Law, Modern Law Review, 80, 6, 635-644.

4) Topic: The «crisis» of the employment relationship and the re-discovery of Self-employment

Materials: Course Slides; G. Davidov, Who is a worker?, Industrial Law Journal, 34, 1, 57-71.

Further readings: L. Nogler, The concept of subordination in European and Comparative Law, University of Trento, 2009.

5) Topic: The notion of the Employer

Materials: Course Slides; L. Corazza, O. Razzolini, Who is an Employer?, WP C.S.D.L.E. Massimo D’Antona.INT, 2014, 110.

Further readings:

6) Topic: The making of Collective Labour Law. Continental Europe and UK

Materials: Course Slides; A. Jacobs, Collective Self-Regulation, B. Hepple (edited by), The Making of Labour Law in Europe, Hart, 1986, 193-241; O. Kahn-Freund, Trade Unions, the Law and Society, Modern Law Review, 1970, 33, 3, pp. 241-267.

Further readings:

7) Topic: Collective Labor Law in the US

Materials: Course Slides; Supreme Judicial Court of Massachusetts, Commonwealth v. Hunt, 45 Mass. 111 (1842); Phelps Dodge Corp. v. NLRB, 313 U.S. 177 (1941); S.L. Willborn, Industrial Democracy and the National Labor Relations Act: A preliminary Inquiry, in Boston College Law Review, 1984, 25, 725-742.

Further readings:

8) Topic: The interaction between collective rights and market freedoms in the European Framework

Materials: Course Slides; C. Barnard, Freedom of Association, Collective Bargaining, and Collective Action, C. Barnard, EU Employment Law, 2012, 699-725; F. Dorssmont, How the Human Court of Rights gave us Enerji to cope with Laval and Viking, M.A. Moreau (edited by), Before and After the Economic Crisis, Edward Elgar, 2011, 217-234; F. Hendrickx, Beyond Viking and Laval: the evolving European Context, CLL&PJ, 2010, 35, 1055-1078.

Further readings:

9) Topic: Employee Involvement in the management of companies

Materials: Course Slides; 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, forthcoming; J. Prassl, Employee Shareholder Status: Dismantling the Contract of Employment, Industrial Law Journal, 2013, 42, 4, 307-337.

Further readings:

10) Topic: Dismissal Law in a comparative perspective

Materials: Course Slides;

Further readings: Jose L. Gil, Strengthening the power of dismissal in recent labor law reforms in Spain, CLL&PJ, 2014, 35, 3, 413; Y. Pagnerre, Social Reforms to cope with the Financial Crisis in France, CLL&PJ, 2014, 35, 3, 299; M. Biasi, The Effect of the global the World Crisis on the labour market: report on Italy, CLL&PJ, 2014, 35, 3, 371.

Detailed Description of Assessment Methods

The course does not require any previous knowledge of Comparative Law, nor the Civil or Common Law Tradition either.
The final evaluation of the Candidate is based on the following two elements: 1) the active contribution of the Candidate to the daily discussion (10%); 2) a take-home paper, whereby the Candidate answers to five open questions within a maximum of 5.000 words, to be subsequently orally discussed (90%).


Course Materials will be provided on e-learning and You@B (Student Agenda) during the course.
Attendants are supposed to read the teaching materials in advance as to actively contribute to daily discussion.

Exam textbooks & Online Articles (check availability at the Library)
Last change 04/09/2014 15:00