Derecho del Trabajo II

General information

Type:	OB	Curs:	3	Period:	S semester
ECTS Credits:	4 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Esther Sánchez Torres	Esade	ESP

Previous Knowledge

Labour Law I

Workload distribution

Workload distribution:
- Classroom sessions: 87.5 hrs, 42% of the credits.
- Guided activities: 80.5 hrs devoted to preparation for participatory sessions, 38% of the credits.
- Independent study: 42 hrs devoted to studying course content, 20% of the credits.

COURSE CONTRIBUTION TO PROGRAM

Upon completing this course, students will be able to:
1. Write a legal report or opinion on any of the course subjects dealt with.
2. Identify the basic elements to include in any of the contracts or agreements studied.
3. Understand and know how to manage the steps to be taken in a recruitment process, internal flexibility and orientation for new employees.
4. Develop strategic plans for the management of conflicts linked to employment relationships and people management.

Course Learning Objectives

The course addresses the regulatory framework covering labour relations from the individual's perspective (access to the labour market, employment, working conditions and changes to employment contracts, business restructuring and labour contract termination).

Competences

19. Teamwork and collaboration
16. Appreciation/understanding of diversity

19. Teamwork and collaboration

16. Appreciation/understanding of diversity

Relation between Activities and Competences

	19	16
Practical case studies completed in class
Class participation
Role-playing activities
Final exam

CONTENT

1. V. ACCESS TO THE LABOUR MARKET AND THE FORMALISATION OF THE EMPLOYMENT CONTRACT Topic 16. Legal discipline in the labour market · Labour market, employment and Labour Law · Measures to generate employment and indefinite employment contracts · Legal status of foreign workers · Worker placement Topic 17. The employment contract · Concept and characteristics · Functions of the employment contract: labour regulations and individual free will · Assumptions and constitutive elements: - Capacity - Consent - Object - Cause - Labour contract form and evidence - Validity and nullity of an employment contract · Typical labour contract agreements: - Trial period - Exclusivity - Permanence - Non-competition after contract termination Topic 18. Types of contracts · Type and general regime · Measures to encourage indefinite contracts · Temporary contracts: · Contracts for specific work or services · Seasonal employment contracts · Interim work contracts · Contracts for first jobs · Training contracts: for internships and training. Non-professional training.
2. VI. CONDITIONS OF WORK PROVISION Topic 19. Employee's work provision: determination of time · Working hours · Overtime · Night work and night workers. Shift work · Weekly rest periods. Bank holidays. Working calendar. Annual holidays · Part-time contracts, permanent seasonal contract and hand-over contract Topic 20. Suspension of the employment contract · Suspension of the employment contract: · Suspension by the will of the parties · Suspension independent of the will of the parties · Leave of absence · Replacements and other interruptions of work provision Topic 21. Employer's compensation provision: salary · Concept · Types · Composition of salary · Non-salary benefits · Fixing the salary level. Minimum Interprofessional Salary · Form, place and time of salary payment · Protection of workers' claims Topic 22 Employee's work provision: qualitative aspect and the employer's capacity to make modifications · Employer executive and disciplinary powers · Professional classification. Income and promotions · "Ius variandi" and functional mobility · Work outside the professional group or equivalent categories · Significant modifications in working conditions · Employee's geographical mobility · Transfers · Postings Topic 23. Employee's work provision: the employee's obligations · Due dilligence · Duty of good faith: - Nature - Duty to protect secrecy and prohibition of bribery · Legal prohibition of competition. · Duty of obedience Topic 24. Employer's non-remunerative obligations · Duties covering effective employment, humane and non-discriminatory treatment · Duties concerning the promotion and professional training of employees · Labour-related risk management planning Topic 25. Instances of employer responsibility · Contracts and subcontracting · Legal lay-off of employees. · Temporary work agency employees. Temporary work agencies. · Illegal lay-off of employees · Transfer of business and subrogation
3. VII. TERMINATION OF EMPLOYMENT CONTRACT Topic 26. Termination of the employment relationship · Concept and classification · Termination of employment contract by mutual agreement: mutual contract termination, subsequent condition and final terms · Termination of contract for disappearance, retirement or incapacity of subjects · Termination of the employment contract by employee · Termination of the employment contract by employer: dismissal Topic 27. Disciplinary dismissal · Concept and causes · Form, place and time of disciplinary dismissal · Qualification and effects · Specificities regarding the dismissal of workers' representatives Topic 28. Dismissal on objective business grounds · Individual objective dismissal due to business reasons: causes, procedures and legal qualification · Collective dismissal: causes, procedures and legal qualification

1. V. ACCESS TO THE LABOUR MARKET AND THE FORMALISATION OF THE EMPLOYMENT CONTRACT

Topic 16. Legal discipline in the labour market

· Labour market, employment and Labour Law
· Measures to generate employment and indefinite employment contracts
· Legal status of foreign workers
· Worker placement

Topic 17. The employment contract

· Concept and characteristics
· Functions of the employment contract: labour regulations and individual free will
· Assumptions and constitutive elements:
- Capacity
- Consent
- Object
- Cause
- Labour contract form and evidence
- Validity and nullity of an employment contract
· Typical labour contract agreements:
- Trial period
- Exclusivity
- Permanence
- Non-competition after contract termination

Topic 18. Types of contracts

· Type and general regime
· Measures to encourage indefinite contracts
· Temporary contracts:
· Contracts for specific work or services
· Seasonal employment contracts
· Interim work contracts
· Contracts for first jobs
· Training contracts: for internships and training. Non-professional training.

2. VI. CONDITIONS OF WORK PROVISION

Topic 19. Employee's work provision: determination of time

· Working hours
· Overtime
· Night work and night workers. Shift work
· Weekly rest periods. Bank holidays. Working calendar. Annual holidays
· Part-time contracts, permanent seasonal contract and hand-over contract

Topic 20. Suspension of the employment contract

· Suspension of the employment contract:
· Suspension by the will of the parties
· Suspension independent of the will of the parties
· Leave of absence
· Replacements and other interruptions of work provision

Topic 21. Employer's compensation provision: salary

· Concept
· Types
· Composition of salary
· Non-salary benefits
· Fixing the salary level. Minimum Interprofessional Salary
· Form, place and time of salary payment
· Protection of workers' claims

Topic 22 Employee's work provision: qualitative aspect and the employer's capacity to make modifications

· Employer executive and disciplinary powers
· Professional classification. Income and promotions
· "Ius variandi" and functional mobility
· Work outside the professional group or equivalent categories
· Significant modifications in working conditions
· Employee's geographical mobility
· Transfers
· Postings

Topic 23. Employee's work provision: the employee's obligations

· Due dilligence
· Duty of good faith:
- Nature
- Duty to protect secrecy and prohibition of bribery
· Legal prohibition of competition.
· Duty of obedience

Topic 24. Employer's non-remunerative obligations

· Duties covering effective employment, humane and non-discriminatory treatment
· Duties concerning the promotion and professional training of employees
· Labour-related risk management planning

Topic 25. Instances of employer responsibility

· Contracts and subcontracting
· Legal lay-off of employees.
· Temporary work agency employees. Temporary work agencies.
· Illegal lay-off of employees
· Transfer of business and subrogation

3. VII. TERMINATION OF EMPLOYMENT CONTRACT

Topic 26. Termination of the employment relationship

· Concept and classification
· Termination of employment contract by mutual agreement: mutual contract termination, subsequent condition and final terms
· Termination of contract for disappearance, retirement or incapacity of subjects
· Termination of the employment contract by employee
· Termination of the employment contract by employer: dismissal

Topic 27. Disciplinary dismissal

· Concept and causes
· Form, place and time of disciplinary dismissal
· Qualification and effects
· Specificities regarding the dismissal of workers' representatives

Topic 28. Dismissal on objective business grounds

· Individual objective dismissal due to business reasons: causes, procedures and legal qualification
· Collective dismissal: causes, procedures and legal qualification

Relation between Activities and Contents

	1	2	3
Practical case studies completed in class
Class participation
Role-playing activities
Final exam

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description	%
Practical case studies completed in class	20
Class participation	10
Role-playing activities	20
Final exam	50

Assessment criteria

Students who do not:
1. Pass this course in the first sitting due to not having attended class, not completing the defined activities or having copied these will not be able to pass the course by re-sitting the final exam. Instead, they will have to take the course again and duly complete the assignments stipulated.
2. Have the level of competencies required, may pass this course if meeting all the requirements, but they will not be able to complete the final degree project until achieving the level of competencies demanded for the programme.

Bibliography

Basic bibliography:
Compendi complert de legislació laboral actualitzat: Legislació laboral i de la seguretat social. Aranzadi. 2014 or Legislació Social Bàsica. civitas. 2014

Additional bibliography and complementary material:
To be distributed in each session.

Timetable and sections

Group	Teacher	Department
	Esther Sánchez Torres	Esade

Timetable

From 2015/2/2 to 2015/5/13:
Each Wednesday from 10:15 to 12:15.
Each Monday from 8:00 to 10:00.

Friday 2015/5/22 from 10:00 to 13:00.

Derecho del Trabajo II (GED70120)