00032L - INDUSTRIAL RELATIONS LAW

Introduction to trade union law. Trade union freedom in the Constitution, the Workers' Statute and the overall legal system. The union: historical phenomenon and legal regulation.
II) Union representativeness and worker representation in the workplace. Union activity in the workplace. Trade union rights and repression of anti-union conduct.
III) The collective agreement. Art. 39 of the Constitution and its non-implementation. Mandatory and subjective effectiveness of the collective agreement under ordinary law. The functions of the collective agreement.
The historical evolution of collective bargaining in Italy. The Protocol of 23 July 1993. The Framework Agreement of 22 January 2009. The QA application agreements, the FIAT dispute and the alternativity between the contractual levels. The Interconfederal Agreement between Confindustria, CGIL, CISL, UIL of 28 June 2011 and subsequent developments. The relations between collective agreements. Collective bargaining and the law. Collective bargaining in the public sector. Trade unions and the political system. Consultation.
Self-protection of collective interests and the right to strike. Freedom to strike. Ownership of the right to strike. Limits to the right to strike. Other forms of trade union struggle and lockout.
The strike and essential public services. The law 12 June 1990 n. 146, as amended by the law 11 April 2000 n. 83. The rules for the exercise of the right to strike in essential public services. Agreements on essential services and other measures to be guaranteed during strikes. The Commission guarantees the implementation of the law on strike in essential public services and its powers. Sanctions in case of violation of the rules. The precept: substantive and procedural aspects.