Unit ELEMENTS OF LAW APPLIED TO HEALTH SERVICE

Course
Health professions of rehabilitation sciences
Study-unit Code
50998706
Curriculum
In all curricula
Teacher
Fabrizio Figorilli
CFU
6
Course Regulation
Coorte 2025
Offered
2025/26
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa integrata

ADMINISTRATIVE AND HEALTH LAW

Code 50997602
CFU 2
Teacher Fabrizio Figorilli
Teachers
  • Fabrizio Figorilli
Hours
  • 16 ore - Fabrizio Figorilli
Learning activities Caratterizzante
Area Scienze del management sanitario
Sector IUS/10
Type of study-unit Obbligatorio (Required)
Language of instruction Italian
Contents Italian law sources; health law: general knowledge of health national and regional health service.
Reference texts Materials is provided by the professor.
Educational objectives General knowlwdge of administrative Italian law system and health law, necessary for working people in Italian healthcare organization.
Prerequisites It's the only juridical subject through the 3 years, so it's not necessary having a preliminary Knowledge about health law .The first lessons are devoted to the general principles of the italian and european administrative law. In this way, every student can have the preliminary knowledges useful for a succesfull comprehension of the subject, 
Teaching methods Face to face lessons
Learning verification modality Multiple choice test at the end of the course.
Extended program Health law is a  specialistic sector of administrative law. Because of that, students have to know the essential juridical elements of the italian system. The first part of the class is dedicated to to show the main rules of Administraive  Law. The program will be articulated in this way: the main health laws; the organization of National and Regional health service: performances and manager responsibilities and duties.

LABOR LAW

Code 50576602
CFU 2
Teacher Emilio Bagianti
Teachers
  • Emilio Bagianti
Hours
  • 16 ore - Emilio Bagianti
Learning activities Caratterizzante
Area Scienze del management sanitario
Sector IUS/07
Type of study-unit Obbligatorio (Required)
Language of instruction Italian
Contents Sources of labor law. The employment contract. Employment contract and relationship. Subordination and quasi-subordination. The employer's powers. Employee classification and obligations. The economic rights of the employee and the personal rights of the worker. Dismissals and the evolution of the legislation on termination of employment relationships. Just cause and subjective and objective justified reason. Collective dismissals. Challenging dismissals. Part-time work and fixed-term contracts. Intermittent work.
Reference texts any university textbook as long as it is updated to 2025.
Educational objectives The course aims to provide students with a systematic and critical understanding of labor law within the Italian and European legal systems. Upon completion of the course, students will be able to: master the fundamental categories of employment and self-employment law; critically analyze the legislative, contractual, and case law sources that govern employment relationships; understand the main contractual forms and worker protection mechanisms within the constitutional framework (Articles 1, 4, 35–40 of the Constitution) and European Union directives; understand recent legislative developments; and develop an independent methodological approach to interpreting the rules and reading case law.
Prerequisites Knowledge of the fundamental principles of private law (contract, obligations, civil liability) and constitutional law, as well as basic notions of civil procedural law, is desirable.
Teaching methods Frontal lecture, discussion lesson, presentation of individual and/or group work by students, in-depth analysis of current events
Other information Attendance at class and active participation during in-depth laboratory activities are required.
Learning verification modality intermediate written test and final oral exam
Extended program I. Sources of Labor Law
- External sources: Constitution, law, EU sources (directives, Charter of Fundamental Rights), ILO conventions;
- Independent sources: national and company collective agreements, effectiveness, hierarchy, and derogation;
- Collective bargaining in the public sector (Legislative Decree 165/2001).

II. The Employment Contract
- Employment contract and relationship: distinction, defects, form, and disclosure requirements (Legislative Decree 104/2022);
- Subordination pursuant to art. 2094 of the Civil Code: external management, subsidiary criteria, gray areas;
- Parasubordination: co.co.co., organized collaborations (art. 2 of Legislative Decree 81/2015), digital platforms;
- Smart working: ordinary rules and emergency regime.

III.
- Management power: instructions, duties, demotion, and mobility (Article 2103 of the Italian Civil Code, amended);
- Supervisory power: Article 4 of the Labour Code after the 2015 amendment, defensive controls, GDPR, and employee data;
- Disciplinary power: procedure, proportionality, disciplinary code, appeal (Article 7 of the Italian Civil Code).

IV. Employee classification and obligations
- Classification system: legal categories (Article 2095 of the Italian Civil Code) and contractual levels;
- Employee obligations: diligence, obedience, loyalty (Articles 2104–2105 of the Italian Civil Code);
- Non-competition agreement (Article 2125 of the Italian Civil Code) and protection of industrial secrecy (Articles 98–99 of the Italian Code of Criminal Procedure).

V.
- Economic rights: remuneration (Article 36 of the Italian Constitution), structure, severance pay, vacation, sick leave;
- Personality rights: protection of physical integrity (Article 2087 of the Italian Civil Code, Legislative Decree 81/2008), mobbing, harassment;
- Prohibitions of discrimination (Legislative Decrees 215-216/2003, Legislative Decree 198/2006); maternity and paternity protections (Legislative Decree 105/2022).

VI. Individual dismissals and regulatory developments
- Just cause (Article 2119 of the Italian Civil Code) and justified subjective reason: definition, circumstances, proportionality;
- Justified objective reason;
- The system of protections;
- Invalid dismissal.

VII. Collective dismissal

VIII. Challenging dismissals

IX. Part-time Work and Fixed-Term Contracts
- Part-time (Articles 4–12 of Legislative Decree 81/2015): types, flexible clauses, right of precedence;
- Fixed-term contracts (Legislative Decree 81/2015, Legislative Decree 48/2023): reasons, quantitative limits, extension, renewal, conversion;
- Principle of non-discrimination (Directive 1999/70/EC); specificities in the public sector.

X. Intermittent Work
- Regulations (Articles 13–18 of Legislative Decree 81/2015): subjective and objective requirements;
- Contract form, call-up procedures, availability allowance;
- Prohibitions, reporting requirements, and sanctions regime.
Obiettivi Agenda 2030 per lo sviluppo sostenibile Objective code: 5, 8, 16.

PRIVAT LOW

Code 50997502
CFU 2
Teacher Cristina Costantini
Teachers
  • Cristina Costantini
Hours
  • 16 ore - Cristina Costantini
Learning activities Caratterizzante
Area Scienze giuridiche ed economiche
Sector IUS/01
Type of study-unit Obbligatorio (Required)
Language of instruction Italian
Contents The topics of the the course will be related to the doctrine of informed consent; to the juridical issues pertaining the end of life; to the medical malpractice and medical liability (normative aspects and case law).
Reference texts Carlo Casonato, Introduzione al biodiritto, Giappichelli, ultima edizione.
Educational objectives The main aim of the course is the proper understanding of the general principles and the relevant institutes and doctrines of private law in the topics included.
Prerequisites It's the only legal subject through the 3 years of the course of study, so it's not necessary having a preliminary Knowledge about other legal issues.
Teaching methods The course is organized as follows: - lectures will deal wit all the issues and problems of the course program; - presentation of slides in order to facilitate a better understanding of the discussion topics; - delivery of learning and teaching materials to be commented on for the purpose of encouraging active participation by the students.
Other information Attendance is highly recommended.
Learning verification modality Oral exam.The test aims at assuring the level of knowledge and understanding, as well as synthesis, achieved by the student. For information on support services for students with disabilities and/or DSA, visit http://www.unipg.it/disabilita-e-dsa
Extended program The topics of the course will include: the study of the main sources of private law; the doctrine of informed consent (with a specific glance to case law and to normative references); the biojuridical analysis of the end of life; the study of medical malpractice and medical liability.
Obiettivi Agenda 2030 per lo sviluppo sostenibile 3