50066 - COMPARATIVE INDUSTRIAL RELATIONS LAW
CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - DES-ESS - EMIT - GIO
Course taught in English
Go to class group/s: 31
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.
- Materials: Course Slides
- 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.
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.
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; European Court of Human Rights, Associated Society of Locomotive Engineers & Firemen (ASLEF) v United Kingdom, 27th February 2007.
7) Topic: Centralized and decentralized models of collective bargaining, minimum wage policies and the regulation of industrial action
- Materials: Course Slides; M. Biasi, I. Katsaroumpas, The Age of ‘Europeanized De-centralisation’: Mapping the ‘convergent’ crisis regulatory trajectories of collective bargaining structures in six EU Member States, Paper presented at the 2nd conference of the Labour Law Research Network, Amsterdam June 25-27 2015; 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.
8) Topic: Collective Labor Law in the US
- Materials: Course Slides; 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); S.L. Willborn, Industrial Democracy and the National Labor Relations Act: A preliminary Inquiry, in Boston College Law Review, 1984, 25, 725-742.
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.
10) Topic: Dismissal Law in a comparative perspective
- Materials: Course Slides.
The final evaluation of the Candidate is based on the following three elements:
- the active contribution of the Candidate to the daily discussion (up to 2 points);
- a mandatory written, open-book exam, whereby the Candidate answers to five open questions within a maximum of 10 pages overall;
- a facultative oral examination that may lead to a plus/minus of 2 points maximum.
Attendants are supposed to read the teaching materials in advance as to actively contribute to daily discussion.
- L.G. Jose, 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 Crisis on the labour market: report on Italy, CLL&PJ, 2014, 35, 3, 371.