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Teacher
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VITALETTI MICAELA
(syllabus)
Introduction: Definition of trade union rights; trade union rights and industrial relations; effectiveness in trade union rights; legislative abstention and the role of doctrine; inter-union regulations; the role of case law; rules governing disputes and the problem of their stability;
Trade union freedom. The constitutional principle of trade union freedom; freedom of trade union organization; EU legislation; trade union freedom in international conventions; prohibition of discriminatory acts; sham unions; negative trade union freedom; trade union organization of the military and police; trade union freedom of entrepreneurs; trade union freedom of self-employed workers;
Trade unions: a) The historical phenomenon: models; organization; unitary trade unionism and plurality of trade unions; international affiliations; trade union associations of entrepreneurs; non-associative trade union organization B) Legal regulation: trade unions and professional categories and freedom of choice between different organizational models; failure to implement Article 39 of the Constitution; private choice; unrecognized associations; constitutional regulations and civil code regulations; regulations governing non-associative organizational forms; collective, individual, and general interests;
trade union representation and representativeness: representativeness in the Workers' Statute: the rationale for selection among trade unions; selection criteria; constitutional case law on Article 19 before the 1995 referendum; the 1995 referendum; constitutional case law on Article 19 after the referendum; Constitutional Court ruling no. 231/2013; Unitary trade union representation: from the inter-confederal agreement of December 20, 1993, to the inter-confederal agreement of January 10, 2014; trade union representativeness from the employers' side;
Trade union rights: a) Trade union rights: 1. The Workers' Statute as supporting legislation; the assembly; 3. the referendum; union leave; protections for union leaders; the right to display posters and use premises; freedom of proselytism and union dues; the scope of Title III of the Statute; b) The repression of anti-union conduct: Article 28 of the Statute; procedural rules (outline); anti-union conduct; standing to sue; interest in bringing an action; sanctions:
the collective agreement: a) The collective agreement:
1. determination of working conditions; initial legal considerations on the collective agreement; the collective agreement and Article 39 of the Constitution; Law No. 741/1959 (the so-called Vigorelli Law); some constitutional principles on collective agreements; b) The collective agreement under common law: relevance and legal nature; the regulatory function; the non-derogability in pejus; the derogability in melius; subjective effectiveness and contractual category; subjective effectiveness in case law; the extension of subjective effectiveness in legislation; other functions, in particular the mandatory one; the so-called proceduralization of the employer's powers and the management contract; the subjective effectiveness of the management contract; c) The relationship between collective agreements: the levels of collective bargaining; the succession of collective agreements over time; the effectiveness of the collective agreement over time; the concurrence-conflict between agreements of different levels; d) Bargaining and the law: the unilateral binding nature of the law; legal references to collective bargaining; legal limits to collective bargaining; e) the local collective agreement;
State and collective autonomy: Consultation: the ‘political’ action of trade unions and the role of public authorities in industrial relations; consultation on economic and social policies; the historical evolution of consultation: the 1970s and 1980s; the protocol of July 23, 1993, and income policy; the so-called social dialogue and the 2002 Pact for Italy; the Protocol of July 23, 2007; the legal nature of triangular protocols and issues of constitutional legitimacy;
Strikes: Self-defense of collective interests; strikes and the law: historical overview; strikes in the constitution; strikes as a right: consequences; ownership of the right to strike; strikes by quasi-subordinate workers and abstentions by self-employed workers; legal nature of the right to strike; strikes and remuneration. Limits to the right to strike: the definitional technique; strike-right and strike-crime; political strikes; solidarity strikes. Strikes and freedom of economic initiative: so-called anomalous forms of strike; articulated strikes and unjust damage; strikes and Aquilian liability; damage to productivity; self-protection of collective interests. Strikes and essential services: essential services; abstention from work by self-employed workers; advance notice and the obligation to indicate the duration; indispensable services; provisional regulations issued by the guarantee commission; sanctions; user associations; requisitioning: substantive aspects; requisitioning: procedural aspects;
Trade unions and self-employment: The topic aims to explore the possible scope for trade union action in the area of self-employment, in particular the role and functions of collective bargaining, also in light of recent regulatory interventions, after having covered the areas reserved for it in previous legislative experiences.
(reference books)
Marco Marazza, Diritto sindacale contemporaneo, Giuffrè
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