B029108 - HISTORY OF LABOUR LAW

italian

The purpose of this class is to connect and relate skills and knowledge both from labor law experts and legal historians. Indeed, labor and welfare regulation emerges from a complex stratification of theories, practices, legislation and institutional orders, which weave together past, present, and future.

Attending students: class' notes, further reading suggestions from lecturers.

Non-attending students:
- Manifesto per un diritto del lavoro sostenibile, a cura di B. Caruso, R. Del Punta, T. Treu in "Lavoro Diritti Europa", 3, 2020. Il testo può essere letto e scaricato al seguente link: http://csdle.lex.unict.it/Archive/AC/Webliography/Blogs/20200521-032536_Manifesto_Caruso_Del_Punta_Treupdf.pdf
- G. Cazzetta, Legge e Stato sociale. Dalla legislazione operaia ai dilemmi del Welfare senza legge, in "Quaderni fiorentini per la storia del pensiero giuridico moderno", 46, 2017, tomo I. Il testo può essere letto e scaricato al seguente link: http://www.centropgm.unifi.it/cache/quaderni/46/0109.pdf
Orlandini G. (2022), I nuovi obblighi procedurali per le imprese che delocalizzano: il punto debole restano le sanzioni, in RGL, n. 3, I, 393 ss.
Romei R. (2022), La nuova procedura in caso di cessazione di una unità produttiva, in RIDL, n. 1, 29 ss.
Nuzzo V. (2022), Delocalizzazioni e chiusure di stabilimenti: i nuovi limiti all'iniziativa economica privata tra scelte legislative e prospettive possibili, in RIDL, n. 1, 518 ss.

This class, due to its highly interdisciplinary nature, aims to give the students a closer look to the complexity of labor and welfare framework, by looking at their historical backgrounds and origins, current conditions, and future challenges posed by the globalization.

In order to attend this class, students are requested to have passed the following mandatory and preparatory exams:
Private Law 1 (Diritto privato I)
General Constitutional Law (Diritto costituzionale generale)

Due to the topics covered in this class, it is also highly recommended to have passed the following exams:
Labor Law (Diritto del lavoro)
Storia del diritto II (Legal History 2).

Throughout the class original teaching methods will be employed alongside traditional lessons in order to arouse debate among students on the addressed topics. In this perspective several activities will be employed: readings of current and historical sources and jurisprudence; short-movies and movies sessions; students' moot competitions.

Final exam will be a colloquium. During the exam, 3-4 questions will be asked in order to verify the level of knowledge about addressed topics and students’ methodological skills about labor law and legal history research. Particularly, the ability of the student in connecting historical legal concepts and current issues of labor law and welfare will be tested.

Class will cover a diachronic timeframe from 19th century to the present days. Lecturers will choose some relevant issues emerged during this timeframe using both traditional and original teaching methods (see Teaching Methods). Welfare and Labor will be considered as two contiguous chapters of policymaking and institutional evolution, namely liberal State, fascist State, and democratic State. Particularly, focus will be on how the several references to labor (and the several labor conceptions) effect directly the Welfare systems evolution.
Main topics are the following:

Starting point: the ‘social question’ of late 19th century
- The industrialization and renewed relevance of labor
- The ‘social lack’ of Italian civil code: employment as ‘locatio operarum’ contract (and job termination as an ‘abuse of right’)
- Labor as revolutionary mean: the Marxist view
- Regulatory solutions in continental Europe: is social legislation an ‘exception that proves the rule’?
- Unionism, mutualism, and ‘company town’: the roots of welfare state? Focus on different views behind the Italian ‘company towns’ foundation (Crespi d'Adda, villaggio Falck, Olivetti)

WWI and 20th century order
- State and society: from separation to relation
- Social and economic intervention of the State; the idea of ‘social security’; from social legislation to social policy: a change of paradigm; labor and productivity (and property?)

Italian Fascism Regime
- Labor as a key word of totalitarian regimes: the Labor Chart, the employment regulation during 20s, the “syndacal act” of 1926
- A new idea on social policy: the nexus with the totalitarianism ‘in the making’

Italian Democratic Era
- ‘Double discontinuity’: distancing both fascism and traditional liberalism, and the impact of this process on labor and welfare;
- Constitution, labor, social rights. Real Italy vs. Legal Italy: parliamentary inquiries on employees’ conditions and unemployment; the case of Sicily and Danilo Dolci.
- Art. 39: the complex legacy of corporatism.
- Paths of renewal: epistemology at the center of legal reflection.
- The ‘Glorious thirties’: individual and collective protections; the agreements on pay equity; the ‘Statuto dei lavoratori’.
- Emergency labor law and neo-corporatism era
- Labor, Welfare, and Europe
- Women and Labor: from liberal era to ‘Jobs Act’: capacity, functionality or equality?