Insegnamento a.a. 2015-2016

50066 - COMPARATIVE INDUSTRIAL RELATIONS LAW

CLMG - M - IM - MM - AFC - CLAPI - CLEFIN-FINANCE - CLELI - ACME - DES-ESS - EMIT

Department of Legal Studies

Course taught in English

Go to class group/s: 31

Course Director:
STEFANO LIEBMAN

Classes: 31 (I sem.)

Instructors:
Class 31: STEFANO LIEBMAN

Course syllabus (class group/s 31)

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

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.

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, 27^th 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;

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 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.

Textbooks

Course Materials will be provided on e-learning at the beginning of the course.
Attendants are supposed to read the teaching materials in advance as to actively contribute to daily discussion.