Employment Sanctions Law
Code: 100497Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Labour Relations | OP | 4 |
Contact lecturer
- Name :
- Antonio Cardona Barber
- Email :
- antonio.cardona@uab.cat
Teaching staff
- Montserrat Arcos Pichardo
Group languages
You can consult this information at the end of the document.
Prerequisites
There is no prerequisite.
Preliminary note: as this is an interdisciplinary course, the teaching team of each group consists of criminal and labor lawyers who will teach the content for 7 weeks, starting with the criminal law part.
Teaching team:
Group 1
Criminal Law: Antoni Cardona
Labor Law: Montserrat Arcos
Group 51
Criminal Law: Antoni Cardona
Labor Law: Montserrat Arcos
Objectives
The subject intends that the student acquires the knowledge of the penal responsibility in the labor scope and administrative sanctioner. It wants to promote the acquisition of the concepts related to the administrative requirement of the labor order, with special reference to the inspection of work and Social Security and the infractions and sanctions in labor matters. From the formative perspective the subject pretends that the student acquires the concepts and the terminology proper of the scope of the Labor Law penalties.
Learning outcomes
- Understanding the meaning and proceedings of every formality and the means of challenge of every assumption.
- Working autonomously.
- Students must be capable of deciding, sharply taking decisions and judging.
- Drawing up and formalising reports and documents.
- Working effectively in teams.
Contents
SANCTIONER LAW OF THE LABOR.
FIRST PART: GENERAL QUESTIONS
1. Common principles of the sanctioning law. Principles of the rule of law. The principle of legality guarantees. Differences between crime and administrative illegality. Structure of the criminal norm. White criminal rules. The object of the protection of criminal norms: kinds of legal goods.
2. The definitions of crime: legal and dogmatic. Different crime structures: Result, activity and danger crimes.
3. Forms of criminal responsibility: 1) Intentional and reckless responsibility. 2) responsibility for omission. 3) Iter criminis: preparatory acts, tentative and consummated crime. 4) Autorship and participation. Penal responsibility of juridical persons. Reference to compliance program.
4. The consequences of crime: classes of penalties. Security measures. System for physical persons and juridical persons. Another questions: Prescription. Civil liability
SPECIAL PART: CRIMES RELATING TO THE COMPANY AND THE WORKERS.
5. Crimes against the rights of workers (I): 1) Criminal law, company and workers rights. 2) Classification. 3) Imposition of illegal work conditions. 4) Criminal labor discrimination. 5) Criminal protection of freedom of association and right to strike. 6) Criminal responsibility of administrators and managers.
6. Crimes against the rights of workers (II). Against individual legal goods too: 1) Illegal labor traffic. 2) Crimes against health and safety at work.3) Fraudulent migrations.
7. Stalking in the workplace: 1) Labor mobbing of the hierarchical superior. 2) Sexual stalking in the labor place. 3) Sexual stalking in the civil service field. 4) Reference to crimes against foreign citizens and trafficking of human beings.
INFRINGEMENTS AND SANCTIONS IN THE LABOR FIELD.
8. 1) Sanctioning power of the Administration. 2) Background. 3) Texto Refundido de Infracciones y Sanciones en el Orden Social. RDL 5/2000.- 3.1 General disposition.- 3.1.1 The social administrative infraction.- 3.2.1 Subjects. 3.1.3. Concurrence with the criminal jurisdiction.- 3.1.4. The social administrative infraction prescription. -3.2. General rules on sanctions. 3.2.1 The gradation of the sanction: amount, recidivism and sanctioning powers.
9. La Labor Inspection (Inspección de trabajo). International scope and in Spain.- Organization and composition.- Functions and faculties, assistance and co-operation with the Labor Inspection.
10. The labor infringement: concept and classes.- Labor infractions according to the matter: of labor relations, prevention of risks, occupation, temporary employment agencies. Sanctions for labor violations
11. Infringement in matters of Social Security (Seguridad Social). Types of infractions according to the responsible subjects: self-employed and similar workers, workers, beneficiaries and claimants of benefits, infractions of the MATEP, of the companies that collaborate voluntarily in the management. Penalties for infractions in matters of Social Security.
12. Infringements in matters of migratory movements.- Immigration.- In matters of Cooperatives.- Sanctions on foreign affairs and cooperatives.- The obstruction to the inspection performance.- Sanctions for obstruction.
13. Basic principles of the sanctioning procedure.- Structure of the procedure.- The previous inspection activity: development, duration and consequences.- The infraction certificate.- Resources, execution of resolutions and collection.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Study and work outside the classroom | 100 | 4 | 1, 2, 3, 4 |
| Resolution of practical cases | 5 | 0.2 | 1, 2, 3, 4 |
| Search of legal documentation | 2.5 | 0.1 | 1, 2, 3 |
| Theorical classes | 22.5 | 0.9 | 1, 2, 3 |
| Evaluation | 5 | 0.2 | 1, 2, 3, 4 |
| Preparation of written work | 10 | 0.4 | 1, 2, 3, 4 |
1) Directed activities (theorical and practical classes). 2) Supervised activities:Teacher-led classroom work 3) Autonomous activities.
During the health risk the virtual classes and the classroom alternate weekly. The methodology may change due to sanitary norms.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Group work and presentation of practices and debats | 50% | 3 | 0.12 | 1, 2, 3, 4, 5 |
| Final examen of content | 50% | 2 | 0.08 | 1, 2, 4 |
Assessment System
Assessment in this course will be conducted separately for each of its thematic blocks (Criminal Law and Labour Law). The final grade will result from the sum of the marks obtained in both blocks.
1. Continuous Assessment
Throughout the semester, students will be required to complete one or more continuous assessment activities of a theoretical and/or practical nature, either individually or in groups. These activities may include the resolution of practical cases, debates, commentaries on legal or case-law texts, oral presentations, written assignments, or any other activity determined by the lecturer responsible for each thematic block.
The teaching staff will provide students with information regarding the content, methodology, schedule and assessment criteria applicable to each activity.
Continuous assessment activities will be worth a maximum of 2.5 points in each thematic block, representing 50% of the grade corresponding to each part of the course.
2. Final Examination or Synthesis Test
At the end of the semester, students will sit a final examination or synthesis test corresponding to each thematic block of the course.
Each examination will cover the contents taught in the relevant block and will be marked by the lecturer responsible for the subject area. Each examination will be worth a maximum of 2.5 points, equivalent to 50% of the grade for the corresponding thematic block.
The date, format and characteristics of the examinations will be announced at the beginning of each thematic block through the course schedule. The grade obtained in the final examinations will be added to the grade obtained in the continuous assessment activities in order to determine the final mark for each block.
Review of Grades
The grades awarded for activities completed during the semester will be discussed in class or communicated through the system established by the teaching staff, which will be made public sufficiently in advance.
The review of final grades will take place on the date and at the venue announced on the day of the examination or, where applicable, through the review procedure established and communicated in advance by the teaching staff.
Although the final course grade results from the sum of the grades obtained in both parts of the course, the lecturer responsible for each thematic block will offer students the opportunity to review the grade corresponding to that block.
Resit Assessment
The resit assessment will take place on the date established by the Faculty's Academic Administration Office.
Resit assessments will be organised by thematic block. Only those parts of the course that have not been passed may be retaken. The resit examinations will have the same format and characteristics as the corresponding final examinations.
Grades obtained in other assessment activities that have already been passed will be retained.
Single Assessment
Students wishing to be assessed through the single assessment system must submit the corresponding request to the Faculty's Academic Administration Office within the established deadline and in accordance with the applicable regulations.
The single assessment examination will take place on the date scheduled for the final examination period and will consist of:
- A practical Criminal Law test (25%).
- A practical Labour Law test (25%).
- A theoretical Criminal Law test consisting of short-answer questions (25%).
- A theoretical Labour Law test consisting of short-answer questions (25%).
The resit assessment for students under the single assessment system will take place on the date established by the Academic Administration Office and will consist of retaking the part or parts that have not been passed. The grade obtained in the resit assessment will replace the previous grade for the reassessed component.
Non-Assessable Students
In accordance with Article 266.9 of the UAB Academic Regulations, students will be considered assessable provided that they have completed assessment activities accounting for at least two-thirds of the total course grade. Students who do not reach this threshold may be classified as "non-assessable" by the teaching team.
Mandatory Attendance
At the beginning of each thematic block, the lecturer responsible may establish a minimum attendance requirement as a condition for passing the course. Any such requirement will be communicated to students sufficiently in advance. Students who do not reach this threshold may be classified as "non-assessable" by the teaching team.
Bibliography
Applicable law:
Código penal ( 2024). Spanish Criminal Code
Texto Refundido de Infracciones y Sanciones en el Orden Social RDLeg. 5/2000 de 4 de agosto.
RD. 928/98 de 14 de mayo: Procedimiento para la imposición de sanciones en el orden social.
Ley Ordenadora de la Inspección de Trabajo y Seguridad Social L. 23/2015
Recommended bibliography
VICENTE MARTÍNEZ, Rosario de: Derecho penal del trabajo: los delitos contra los derechos de los trabajadores y contra la Seguridad social. Tirant lo blanch, Valencia 2020, disponible en línia a la biblioteca UAB
https://csuc-uab.primo.exlibrisgroup.com/permalink/34CSUC_UAB/1eqfv2p/alma991000270519706709
TERRADILLOS BASOCO, Juan María: Delitos contra los derechos de los trabajadores: veinticinco años de política legislativa errática, Estudios Penales y Criminológicos, Vol 41 (2021), disponible en línea en acceso abierto
https://revistas.usc.gal/index.php/epc/article/view/6718
CAVAS MARTINEZ, Faustino-LUJAN ALCARAZ,José. Infracciones y sanciones en el orden social. Laborum, 2009
DURENDEZ SAEZ, Ignacio. El procedimiento administrativo sancionador del orden social. Aranzadi
Software
The subject does not require any specific software.
Use of AI
The use of Artificial Intelligence (AI) technologies will be allowed exclusively in support tasks, such as bibliographic or information search, proofreading or translations. The student will have to clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the final result of the activity. Non-transparency of the use of AI in the evaluable activities will be considered academic dishonesty and may result in a partial or total penalty in the grade of the activity, or higher penalties in serious cases.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 1 | Spanish | first semester | morning-mixed |
| (PAUL) Classroom practices | 1 | Spanish | first semester | morning-mixed |
| (TE) Theory | 51 | Spanish | first semester | afternoon |
| (PAUL) Classroom practices | 51 | Spanish | first semester | afternoon |