Safety and labour (2020/2021)

Course code
4S02538
Credits
12
Coordinator
Marco Peruzzi
Other available courses
Teaching is organised as follows:
Unit Credits Academic sector Period Academic staff
SICUREZZA E PREVIDENZA SOCIALE 6 IUS/07-LABOUR LAW 1° periodo di lezioni Sylvain Giovanni Nadalet
DIRITTO DELLA SICUREZZA SUL LAVORO 6 IUS/07-LABOUR LAW 2° periodo di lezioni - febbraio/marzo 2021 Marco Peruzzi

Learning outcomes

The purpose of the course is to:
- develop the student’s capability to analyse and understand the normative system of protection concerning social security, on the one hand, health and safety at work, on the other. Particular attention will be paid to Constitutional principles and to the hierarchical relationship between national and EU sources.
- develop the student’s capability to assess the issues arising in the implementation of the theoretical and regulatory framework, and the student’s capability to elaborate solutions for practical problems, in written and oral form, also through team-work, using a proper and specific language, as well as correct reasoning and arguments, forming and expressing autonomous opinions.
- provide the methodological bases for ensuring continuous learning and skills updating.

Syllabus

------------------------
MM: SICUREZZA E PREVIDENZA SOCIALE
------------------------
1. Notion fo socal sicurity, History and foundation 2. Constitution, sources of law and administrative rules 3. Social security legal relationship: subjects and legal protection 4. Administrative organization 5. Protection against accidents at work and occupational diseases 6. The pension system 7. Complementary social security 8. Income support and labor protection measures 9. Contribution and legal protection 8. Welfare measures Teaching modalities: Lectures on the main topics of the subject matter to be integrated with the materials provided to the students by the teacher and available in the e-learning platform. For non-attending students, the program corresponds to the suggested text-book . With regard to non-attending students, the program consists of the entire recommended text.
------------------------
MM: DIRITTO DELLA SICUREZZA SUL LAVORO
------------------------
The system of regulatory sources: historical development, in the EU and domestic legal systems. Pre-Constitutional and Post-Constitutional phases, impact of the EU sources. The principle of the most technically feasible safety in the system of EU and domestic sources. The relationship between Art. 2087 Civil Code (general norm) and Delegated Decree no. 81/2008 (special norms). The system of (civil, criminal and administrative) liabilities. The duty to ensure safety and criminal liabilities: definitions of employer, manager, supervisor and employee to the purposes of Delegated Decree no. 81/2008. The delegation of powers and the principle of effectiveness under Art. 299 Delegated Decree no. 81/08. The Health-and-Safety company system: the protective and preventive services, health surveillance, workers representatives. The safety obligations in out sourcing contexts: contracting-out, agency workers, posting of workers. Interferential risks. Notion of health and risk assessment under Art. 28 Delegated Decree no. 81/08. Psychosocial risks. Work-related stress and mobbing. Maternity protections. Prevention institutional systems. Institutional controls. Teaching modalities are different depending on whether students are attending or not. As for attending students, teaching modalities include: i) classroom-taught lessons, aimed at providing basic notions, theoretical categories and the relevant regulatory framework; ii) workshops, aimed at analysing the practical issues arising in the implementation of the theoretical system, with the support of case-law references. Two booklets will be uploaded on the e-learning platform: one with the relevant normative sources, another one with a collection of the relevant case-law and research material. Students can meet the teacher during his office-time and will be provided with a detailed calendar of the lessons, with their specific dates and contents. Non-attending students will be provided with the support of an up-dated text-book. The content of this text-book is consistent with the topics analysed and discussed in the classroom lessons. Students can also get access to the additional materials available on the e-learning platform. Textbooks Pasqualino Albi, Adempimento dell’obbligo di sicurezza e tutela della persona, Art. 2087 c.c., in Il Codice Civile. Commentario, fondato da P. Schlesinger e diretto da F. D. Busnelli, Giuffré, Milano, 2008. Limitatamente ai capitoli secondo e terzo (pp. 43-124). Paolo Pascucci, La tutela della salute e della sicurezza sul lavoro. Il Titolo I del d.lgs. n. 81/2008 dopo il Jobs Act, Aras Edizioni (collana Quaderni di Olympus), 2017. Luciano Angelini, La sicurezza del lavoro nell’ordinamento europeo, I Working Papers di Olympus, n. 29/2013, http://olympus.uniurb.it/images/wpo/wpo29.angelini.pdf.

Assessment methods and criteria

------------------------
MM: SICUREZZA E PREVIDENZA SOCIALE
------------------------
Examination Attending students: The assessment of knowledge includes a preliminary written exam of the acquired knowledge and an integrative oral exam, on the topics dealt with during the course and the related teaching materials uploaded on the e-learning platform. Non-attending students: oral exam on the entire programme. ERASMUS students are invited to contact the teacher at the beginning of the course in order to properly plan their study. The exam is held in Italian. Assessment methods and criteria The exam is intended to verify knowledge of the fundamental categories of social security law and the ability to contextualize the knowledge acquired within a systematic framework and to test the ability to reason in relation to legal questions arising. Marks are expressed in thirtieths. The final mark results from the following criteria: • intensity and extent of the students’ knowledge of the basics of the discipline; • adequate terminology; • capability to connect in a systematic framework the knowledge acquired; • analytical and argumentative skills
------------------------
MM: DIRITTO DELLA SICUREZZA SUL LAVORO
------------------------
The assessment of learning outcomes includes: - For attending students, an oral examination and a written test on the topics dealt with during classroom lessons. - For non-attending students, an oral examination on the entire programme, as presented in the textbooks. Objectives of examinations: For attending students, the oral examination aims at assessing the capacity of the student to link the theoretical and regulatory framework with practical issues and problems, as well as to solve case-studies with consistent and proper legal language and reasoning. For attending students, the written test aims at assessing the student’s knowledge of the programme topics, as dealt with in classroom lessons. For non-attending students, the oral examination, which focuses on the entire programme, as presented in the textbooks, aims at assessing their knowledge, their capacity to use proper language, select and analyse the key-topics of the subject, develop links between the topics through legal reasoning. Content and modalities of the examinations - For attending students, the oral examination focuses on the analysis of a specific case-study, given to the student in advance. The related mark is expressed in thirtieth. The written text focuses on the topics dealt with during classroom lessons, with both open-ended questions and multiple-choice questions. The related mark is expressed in thirtieth. The final mark results from the average of the two marks. - For non-attending students the oral examination focuses on the entire programme, as presented in the textbooks. The final mark is expressed in thirtieth.

Reference books
Author Title Publisher Year ISBN Note
V. Ferrante, T. Tranquillo Nozioni di diritto della previdenza sociale (Edizione 3) Cedam 2019
Pasqualino Albi Adempimento dell’obbligo di sicurezza e tutela della persona, Art. 2087 c.c. 2008 Limitatamente ai capitoli secondo e terzo (pp. 43-124).
Luciano Angelini La sicurezza del lavoro nell’ordinamento europeo I Working Papers di Olympus, n. 29/2013 2013
Paolo Pascucci La tutela della salute e della sicurezza sul lavoro. Il Titolo I del d.lgs. n. 81/2008 dopo il Jobs Act Aran 2017 9788899913304