Contactar Esade

Derecho del Trabajo I (GED70399)

General information

Type:

 OB

Curs:

 3

Period:

 S semester

ECTS Credits:

 4 ECTS

Teaching Staff:

Group Teacher Department Language
Esther Sánchez Torres Esade ESP

Prerequisites

None.

Previous Knowledge

None.

Workload distribution

Workload distribution:
-Classroom sessions: 87.5 hours of classes, 42% of total credits
-Guided activities: 80.5 hours of preparation for participatory classes, 38% of total credits
-Independent study: 42 hours devoted to study course content, 20% of total 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 labour-related conflict.
3. Understand and manage the necessary steps in a collective conflict.
4. Clearly identify the subjects involved in a collective labour conflict and the keys to ensure that they remain within the social jurisdiction area.

Course Learning Objectives

This course addresses the regulatory framework governing labour relations, both from a structural perspective (identifying the primary subjects in labour relations and the rules governing the system of sources) and a collective focus (legal representation for employees and employers, collective bargaining, strikes and conflicts).

Competences

4. Conveying information and/or knowledge
19. Teamwork and collaboration

Relation between Activities and Competences

4 19
Practical case studies in class    
Class participation    
Role-playing exercises    
Final exam    

CONTENT

1. I. INTRODUCTION

Subject 1. What regulates Labour Law and why?

- Work as a social, contractual and productive human activity
- Types of work provision: Forced labour and free labour, self-employment or salaried employment, autonomous or economically dependent work, unpaid work and heavy work
- Employment under Labour Law and its evolution over time: relation between work and economic activity, theoretical framework of Labour Law, the right to work concept, content of Labour Law, content of the right to work, characteristics of the right to work
- Employment today and in the future

2. II. EMPLOYMENT RELATIONSHIPS AND PARTICIPANTS

Subject 2. The employee as subject in labour contracts

- Legal definition of a salaried employee
- Employees grouped by individual circumstances: Age, gender, psycho-physical abilities.
- Employees grouped by professional circumstances: Special labour relations, Civil servants, state employees and contract staff


Subject 3. The employer as head of the productive organisation and party in employment relationships

- Terminological and conceptual framework
- Businessperson vs. employer
- The extent of employer liability in inter-company relations (introduction)
- Company and work site
- Types of companies by size

Subject 4. Unions and business associations

- Organisation of professional groups
- Freedom of association and component parts
- Union representation and levels
- Business associations

Subject 5. Employee associations in companies

- Employee participation in the company
- Single representation: work committees and staff representatives
- Functions and competences
- Rights
- Guarantees
- Types of organisation: industry, territorial and transnational
- Union representation in the company: trade union sections and union representatives
- Employee assembly

Subject 6. Labour administration and jurisdiction in the social order

- State intervention in labour relations
- The role of Autonomous Community and local governments in the labour area
- Work inspections: organisation and functions
- Administrative jurisdiction in the social order

3. III. SOURCES OF LABOUR LAW

Subject 7. International and community laws

- The internationalisation of Labour Law and its principles
- The International Labour Organisation. The United Nations Organisation.
- Labour Law and the European Union
- Bilateral and multilateral agreements

Subject 8. The Constitution and the creation of labour standards

- The Constitution and Labour Law
- Higher values, the social state and Labour Law
- Labour standards in the Constitution
- The fundamental rights of the person and Labour Law
- The governing principles of social and economic policy and Labour Law
- Jurisprudence of the Constitutional Tribunal and Labour Law: general characteristics

Subject 9. Agreed-on guidelines and other sources

- Collective bargaining agreements
- Concept and legal nature
- Meaning and extent of its effectiveness
- Role in the hierarchy of sources
- Labour customs and company practice
- General legal principles and jurisprudence

Subject 10. Application and interpretation of labour standards

- The specifics of source hierarchy in Labour Law
- Concurrence and coordination of labour standards
- The labour standard in time: retroactivity
- The labour standard in space: territoriality and reciprocity
- Free will and the sources of Law: the unavailability of rights for the employee
- Interpreting labour standards: the "pro operario" principle
- Integrating Labour Law: supplementary law in labour matters

Subject 11. Infringements and sanctions in labour relations

- Limiting principles
- The Government's authority to impose sentences in the social order: Law 8/1988, on infringements and sanctions
- Labour offences

4. IV. COLLECTIVE LABOUR RELATIONS

Subject 12. Collective bargaining and collective agreements

- Concept and legal nature of collective agreements
- Evolution of collective agreements
- The legal framework governing collective agreements: types of collective agreements according to legal effects and area of application
- Negotiating and affected parties

Subject 13. Content, preparation and application of collective agreements

- Content of collective agreements
- Preparation of collective agreements
- Their duration
- Application, interpretation and monitoring compliance with the agreement
- Negotiation structure and guiding principles
- Adherence to and extension of collective agreements

Subject 14. Collective agreement measures: strikes

- Concept and classification of collective conflicts
- The right to strike: Strikes and collective conflicts, the right to strike in the Constitution and its legal framework, bearer of the right to strike, unlawful and abusive strikes, exercising the right to strike and its procedures, powers of state authorities, effects of strikes

Subject 15. Collective conflict measures: lockouts.

- Measures to resolve collective conflicts
- Methods of pressure by employees other than the strike
- Lockouts
- Collective conflict resolution procedures: Conciliation, mediation and arbitration

Relation between Activities and Contents

1 2 3 4
Practical case studies in class        
Class participation        
Role-playing exercises        
Final exam        

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

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

Assessment criteria

Students who do not:
1. Pass the class in the first sitting due to not attending class, not completing the assignments or having copied the latter, will not be able to re-sit the final exam. They will thus have to take the entire course again and complete all the assignments.
2. Have the level of competencies demanded may move on to the next year of the programme if they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme.

Bibliography

Short bibliography:
Compendi complerts de legislació laboral actualitzat: Legislació laboral i de la seguretat social. Aranzadi. 2014 or Legislació Social Bàsica. Civitas. 2014

Additional bibliography and material:
To be distributed in each session

Timetable and sections

Group Teacher Department
Esther Sánchez Torres Esade

Timetable

From 2014/9/15 to 2014/12/15:
Each Monday from 8:00 to 10:00.

Friday 2015/1/23 from 10:00 to 13:00.