LABOUR LAW AND ENTERPRISES IN THE INTERNATIONAL CONTEXT

The course provides the tools of knowledge, understanding and application of the labor law that the manager and the business consultant must approach to organize the company and the staff when the activity carried out takes on a European and international dimension.
The class offers strategic and transversal skills for all the professional profiles of reference for the degree course, for this reason it is proposed in all the curricula provided. These skills, actually, allow the graduate to work in public and private organizations dealing with international dynamics in the functions of the strategy, innovation, marketing, administration, corporate finance, performance audit and sustainability.
First of all, we will investigate the phenomena and institutions through which companies, in the global value chains, develop their legal relationships at a trans/international level in today's globalized context, highlighting the beneficial effects and negative consequences that strategic choices of multinational companies and the policies of public actors can produce in the workplace (opportunities for economic and professional development, social and normative dumping, etc.).
Furthermore, will be examined the legal instruments developed by international and regional institutions (ILO, EU etc.) or by the same companies (codes of conduct etc.) to promote the interests and rights of workers in the global context, as well as the problematic interactions between international trade and social rights.
To this end we will look at both the legal structure of the company considering the most widespread models (groups, networks, supply chains etc.), and the contractual working relationships with elements of internationality that require knowing how to identify the applicable national law and the relevant international law standards. As for the dynamic profile, the models and institutes through which the enterprises realize outsourcing, re-internalization, relocations and backshoring etc. will be taken into consideration (eg tenders, transfers, postings etc.)

1. Knowledge and understanding
1.1 Knowing the dynamics inducing companies to internationalize its businesses and the impact of labor regulations on the processes of mobility of the production
1.2 Knowing the structure and basic rules of the labor law profiles applied in the international context, the regulatory parties, the regulation tools and the related evolution.
1.3 Interpreting international labor legislation and its constitutive sources also in light of the dynamics of international division of labor and production.

2. Ability to apply knowledge and understanding
2.1 Knowing how to identify the rules applicable to employment relationships with elements of internationality and the regulatory standards that companies must adhere to in terms of fundamental and social rights.
2.2 Knowing how to identify the operating rules of multilevel regulatory sources.
2.3 Knowing how to identify jurisdictional and doctrinal interpretations and trends relating to the legislative provisions considered.

3. Ability to judge
3.1 To interpret the legislative texts autonomously.
3.2 To elaborate critical analyzes of regulatory sources with particular reference to the relationships between national and supranational dimensions and to case-law.
3.3 To resolve recurring practical cases in labor law disputes.
3.4. Using the acquired skills in the context of the typical functions of the professional figures of reference (strategies of settlement in new markets, marketing etc.)

pre-requirement are not requested.

The dynamic phenomena of internationalization with labor effects: outsourcing, internalization, delocalization;
The structure of the multinational enterprise and the impact on labor law: models and contractual relationships (networks, groups, contracts, etc.);
Essential notions of private/labor international law;
Labor contractual relationships: posting and transfer of the worker, etc.;
Sources and actors of international labor law;
International Labor Organization (ILO) and core labor standards;
The ILO and the enterprises;
Social rights and international trade;
Gatt-Wto and Multilateral Agreements;
Generalized preference systems;
Corporate social responsibility;
Codes of conduct and social labelling;
Focus on the key points of the course and preparation of team-works;
Presentation of team-work.

A. Perulli; V. Brino, Handbook of International Labour Law, Giappichelli, 2018.
Additional materials posted on Moodle.

The learning will be verified with an oral exam (2/3 of the final mark) on the main institutes of the subject and, possibly, on teamwork and/or written paper assigned during the course (1/3 of the final mark)

Frontal lessons, seminars and practical cases.

To improve the knowledge about Italian Labour law it is advised the course "Labour law and social security"(EM4004).

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