Human Resources, Labour Sciences and Innovation

The course “LA COMPOSIZIONE GIUDIZIALE E STRAGIUDIZIALE DELLE CONTROVERSIE DI LAVORO COMPOSIZIONE GIUDIZIALE” (6 credits – Magistrale Degree) aims to offer students the knowledge needed to prevent and resolve individual and collective out-of-court disputes, illustrating the various possible solutions and teaching them to choose the most appropriate path, due to the peculiarity of the dispute that arose or even only profiled. In particular, after having illustrated the provisions and the ratio of the current regulation of art. 2103 last paragraph of the civil code, the conciliation in trade union and administrative seat will be analyzed in de-tail (the optional and the mandatory one to be attempted before the dismissal, introduced by the art.1, paragraph 40 of l.92 / 12, which modified art.7 of l.604 / 66), and that which can be formalized in front of the certification and conciliation commissions and the various hypotheses of arbitration found in the law and in collective bargaining, applicable to labor disputes. The procedure of art. 7 l. 300/70 for the esta-blishment and delivery of the award in the colleges of conciliation and disciplinary arbitration will also be deepened. But also the current regulation of assisted negotiation being extended (rectius of overcoming the exception) also to labor disputes.

No prerequisites

Materials and lecture notes to support the lessons and to prepare for the exam will be made available by the professor during the progress of the course. Reading the following texts is recommended: Amoroso - Di Cerbo - Foglia - Maresca. Diritto del lavoro, volume IV, The process, pp. 59 - 143 Punzi. Voce La conciliazione nelle controversie di lavoro in Enciclopedia del Dirtto

In presence or distance

The evaluation takes place through an oral exam, during which specific questions related to the topics covered during the academic year will be asked to the student Some of the elements that will be assessed include the logic followed by the student in solving the problem, the correctness of the procedure identified for solving it, the adequacy of the proposed solution in relation to the skills expected of the student by the end of the course, and the use of required technical language.

Amoroso – Di Cerbo – Maresca. Diritto del lavoro, volume IV, Il processo, pp.67 - 152 Punzi. Voce La conciliazione nelle controversie di lavoro in Enciclopedia del Diritto

Lessons will be held face to face or remotely for those who need them, during the semester there will be exercises on the topics previously addressed during the lessons.