
Employment Law
Code: 100498Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Labour Relations | OB | 2 |
Contact lecturer
- Name :
- María José Feijóo Rey
- Email :
- mariajose.feijoo@uab.cat
Teaching staff
- David Gutierrez Colominas
Group languages
You can consult this information at the end of the document.
Prerequisites
In order to carry out a correct follow-up of this subject it is necessary to have previously passed the subjects "Labour Law I" and "Labour Law II", given that both offer basic training in relation to the legal framework of individual and collective labour relations without which the issues dealt with in "Labour Law III" cannot be properly understood and analysed.
Objectives
The main objective of this course is to provide knowledge and understanding of the different changes, both objective and subjective, that may occur in the individual employment relationship (functional mobility, geographical mobility, substantial changes in working conditions, change of employer, suspensions and leave of absence), as well as the circumstances that may lead to their termination.
Learning outcomes
- Identifying the subjective and objective modification of industrial relations.
- Solving the problems related to the suspension and extinction of industrial relations.
- Describing the assumptions of subjective and objective modification of industrial relations.
- Working autonomously.
- Students must be capable of deciding, sharply taking decisions and judging.
- Solving the practical issues related with suspension and extinction of industrial relations by applying the legislation and jurisprudence.
Contents
LESSON 1. THE MODIFICATION OF THE LABOR RELATIONSHIP (I). CHARACTERIZATION. FUNCTIONAL MOBILITY
1. Modification of the employment relationship: Introduction
1.1. Concept
1.2. Types
1.3. Legal regime
2. Functional mobility
2.1. Concept 2.2.
2.2. Modalities
2.2.1. Within the same professional group. 2.2.2.
2.2.2. Between different occupational groups or occupational categories. Higher and lower functions.
2.2.3. Change of functions not agreed or not included in the previous points.
2.3. Legal regime of each one of the modalities.
LESSON 2. MODIFICATION OF THE EMPLOYMENT RELATIONSHIP (II). GEOGRAPHICAL MOBILITY
1. Concept and typology
2. Displacement: legal regime
3. Transfer: legal regime
LESSON 3. MODIFICATION OF THE EMPLOYMENT RELATIONSHIP (III). SUBSTANTIAL MODIFICATION OF WORKING CONDITIONS
1. Concept and typology
2. Substantial modification of working conditions: legal regime.
3. The modification or non-application of the working conditions provided for in statutory collective bargaining agreements.
LESSON 4. THE MODIFICATION OF THE EMPLOYMENT RELATIONSHIP (IV). SUCCESSION OF COMPANIES
1.Concept
Legal regime
LESSON 5. THE SUSPENSION OF THE EMPLOYMENT RELATIONSHIP AND LEAVES OF ABSENCE
1. The suspension
1.1. Concept 1.2.
1.2. Assumptions
1.3. Classification
1.3.1. In the interest of the employee
In the interest of the employer 1.3.3.
1.3.3. In the interest of both parties 1.4.
1.4. Legal regime of each case of suspension 1.4.1.
2. Leaves of absence
2.1 Concept
2.2. Typology
2.3. Legal regime
LESSON 6. THE TERMINATION OF THE LABOR RELATIONSHIP (I). GENERAL LINES. TERMINATION BY WILL OF THE EMPLOYEE
THE EXTINCTION
1. Concept of termination
2. Typology
3. Termination of the employment relationship at the employee's will.
3.1. Resignation
3.2. Abandonment
3.3. Gender violence
3.4. Causal termination
LESSON 7. TERMINATION OF THE EMPLOYMENT RELATIONSHIP (II). TERMINATION BY THE WILL OF BOTH PARTIES AND FOR REASONS BEYOND THE PARTIES' CONTROL.
1. The termination of the employment relationship by the joint will of both parties.
1.1. Mutual agreement
1.2. Causes stipulated in the contract
1.3. Expiration of the agreed time or completion of the work or service covered by the contract.
2. Termination of the employment relationship due to causes beyond the control of the parties.
2.1. Death of the employee.
2.2. Permanent disability of the employee.
2.3. Retirement of the employee
Death, retirement or permanent disability of the employer.
LESSON 8: TERMINATION OF THE LABOR RELATIONSHIP (III): DISCIPLINARY DISMISSAL
1. Concept and causes
2. Legal regime
LESSON 9: TERMINATION OF EMPLOYMENT (IV): OBJECTIVE, COLLECTIVE AND FORCE MAJEURE FIRING
1. Dismissal for objective causes
1.1. Concept and causes
1.2. Legal regime
2. Collective dismissal
2.1. Concept and causes
2.2. Legal regime
Procedure: special reference to the consultation period.
3. Dismissal due to force majeure
3.1. Concept
3.2. Legal regime
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Practical classes | 18 | 0.72 | 3, 4, 5, 6 |
| Preparation of legal documents | 10 | 0.4 | 4 |
| Search and analysis of legal documentation (jurisprudence, bibliography, regulations, administrative resolutions, etc.) | 15 | 0.6 | 2, 3, 6 |
| Theoretical classes | 24 | 0.96 | 2, 3, 5 |
| Preparation of summaries and diagrams | 20 | 0.8 | 2, 3, 4 |
| Case Study Resolutions | 15 | 0.6 | 3, 4, 5 |
| Study | 40.5 | 1.62 | 2, 3, 4 |
The learning process of the students in the framework of this subject will be organized from the three types of training activities that are set out below:
1. TARGETED ACTIVITIES
The directed activities are all those that are developed in the classroom, in the schedules foreseen for the subject and under the direction of the teacher. They can be theoretical or practical.
1.1. Theoretical classes
They consist of a presentation by the lecturer of various aspects of the syllabus, based on the applicable regulations and the dossiers previously provided through the Teaching Space of the subject within the Virtual Campus, which will include schemes and other materials of interest for the analysis of each of the subjects (extracts from judgments, fragments of collective agreements, etc.). For the correct monitoring of the theoretical classes, it is essential that all students have the dossier corresponding to the subject dealt with and a duly updated compilation of labour regulations during the theoretical classes.
Within the framework of the theoretical classes, small-format activities will also be carried out periodically (reading and analysis of documents, elaboration of brief diagrams, resolution of questionnaires, tests, etc.), which in some cases will be carried out individually and others in groups. The objective of these activities will be the deepening of questions previously raised by the teacher.
1.2. Practical classes
They are dedicated to the execution of nine practical activities, each one of which will imply a previous work outside the classroom and a presential work in the classroom. As much as the other will suppose the accomplishment of a series of tasks of diverse format: identification and study of the normative framework of a certain institution, reading and comprehension of jurisprudence, investigation of collective agreements, resolution of practical cases, etc. The planning of practical activities will be carried out mainly on the basisof the book Materiales para el aprendizaje del Derecho del Trabajo (5th Edition), UAB Publications Service, 2012.
The practical activities will be structured in three main thematic blocks: 1) the modification of the employment relationship; 2) the suspension of the employment relationship; and 3) the extinction of the employment relationship. Each thematic block will include three practical activities and an individual evaluation activity on the set of issues dealt with in the framework of each block. The dates of the three evaluation activities will be made public at the beginning of the semester through the Teaching Space of the Virtual Campus.
In the part corresponding to the previous work, the practical activities will be carried out obligatorily in groups of 3 or 4 people, which will be conformed at the initiative of the students at the beginning of the semester. In the part corresponding to classroom work, the practical activities will be carried out in groups or individually, as the case may be. The evaluation activities will be individual in all cases.
2. SUPERVISED ACTIVITIES
The supervised activities are those that are carried out outside the classroom, based on the instructions given by the teacher, and are subsequently subject to some process of supervision or monitoring by the teacher. As has already been shown, the previous work involved in practical activities generates a series of tasks of different formats that have to be carried out outside the classroom and are subsequently supervised and verified through the classroom work proposed within the framework of the same activity. Through the theoretical classes, other supervised activities may be proposed as a complement to the small format activities referred to above.
3. AUTONOMOUS ACTIVITIES
Autonomous activities are all those in which students organize their time and effort autonomously, either individually or in a group, such as research and study of bibliography, elaboration of schemes or summaries,etc. Within the framework of this subject, the essential part of the autonomous activities is linked to the follow-up of the theoretical classes and to the preparation of the final theoretical examination.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Subsidiary theoretical exam | 50 % | 1.5 | 0.06 | 1, 2, 3 |
| Ordinary theoretical exam | 50 % | 1.5 | 0.06 | 1, 2, 3 |
| Evaluation activities carried out as part of the practical activities | 50 % | 3.5 | 0.14 | 4, 5, 6 |
| Subsidiary practical exam | 50 % | 1 | 0.04 | 4, 5 |
This subject, in accordance with current UAB regulations, includes two assessment systems: continuous assessment and single assessment. Students will only be able to take the exam through the single assessment system when they make their application to the Academic Management of the Faculty within the deadline and in the appropriate way, and it is granted. Likewise, it will be an essential requirement to communicate its concession to the teaching staff.
1. ORDINARY ASSESSMENT MODALITY: CONTINUOUS ASSESSMENT
This system combines the continuous assessment of the practical part and the completion of a theoretical exam.
A.- FIRST CALL
A.1.Continuous assessment (practical block)
Only people who have a maximum absence of 3 theoretical sessions and 3 practical sessions can apply.
The grade corresponding to the continuous evaluation of the practical activities will be the one obtained in an ORAL PRACTICAL CASE, with five objective answer questions, with a value of 2.5 POINTS and in a BASIC TEST - V/F - ORAL with a value of 2.5 POINTS.
A.2. Continuous assessment (theoretical exam)
Only people who have a maximum absence of 3 theoretical sessions and 3 practical sessions, and who have carried out the two evaluation activities of the practical block, may take the exam.
This exam will be ORAL, and will be asked around two topics of the subject. VALUE: 5 POINTS.
A.3. Qualification
The score obtained through the continuous practical assessment will have a value of 50% of the subject's grade. The score of the theoretical exam will have a value of 50% of the grade of the subject.
It is necessary to pass each part of the subject (theory and practice. it is necessary to pass each of the two evaluation activities of the practical block), to pass the subject.
Only in this case, the grades obtained in each of both parts may be added.
If this minimum score is not achieved in one of the parts (theory or practice), the grade that will be entered in the report will be "failed" and the numerical value will be that corresponding to the failed part, expressed in the parameter 0-10.
Students who do not carry out any of the evaluable activities will be classified as "not assessable".
B.- SECOND CALL called RE-evaluation of the ordinary evaluation modality: "continuous evaluation"
B.1. Theoretical exam.
IDEM A1
B.2. Practical exam.
IDEM A2
B.3. QUALIFICATION
IDEM A3
2. "SINGLE ASSESSMENT" MODALITY
The single assessment may be carried out by students who meet the requirements established in the regulations of the Faculty, who have formalized this request before the Academic Management of the Faculty and who have been approved in accordance with the regulations in force. It will be essential to communicate this circumstance to the teaching staff of the subject within the appropriate deadline and form.
A.- FIRST CALL
The students will carry out:
1.- TEST type exam. 2.5 points.
Each wrong answer reduces the score of a correct answer by half. Every four blank answers means the loss of a correct answer.
2.- ORAL exam around two topics of the subject. 5 points
3.- PRACTICAL CASE of 5 answers. 2.5 points.
It is required to pass each of the three parts in order to be able to make the sum of the grades
B.- SECOND CALL
To carry it out, it is required to have achieved a minimum grade of 3 points in the ordinary call for the single assessment.
Type of evaluation: the same as in the ordinary call.
It is required to pass each of the three parts in order to be able to make the sum of the grades
4. EXAM DATES
They will be those determined by the Faculty of Law and will be published through its website, specifically in the Academic Information section.
NOTE: The person who copies or tries to copy in an exam will have a 0 in the subject and will lose the right to re-evaluation. The person who presents a practice in which there are indications of plagiarism or who cannot justify the arguments of his practice will obtain a 0 and will receive a warning. In the event of repetition of the conduct, the student will fail the subject (0) and will lose the right to retake.
Bibliography
1. Manuals
Recomended: MARTÍN VALVERDE, A., RODRÍGUEZ-SAÑUDO, F. and GARCÍA MURCIA, J.: Labour Law, Tecnos, Madrid (last edition)
MERCADER UGUINA, J.R.: Lessons in labour law, Tirant lo blanch, Valencia (last edition)
2. Normative compilations
Recomended:
- BOE Labour Law Code: https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=289_Codigo_Universitario_de_Derecho_del_Trabajo&tipo=U&modo=2
- Basic social legislation, Civitas (latest edition)
- Labour and Social Security Legislation, Aranzadi (latest edition)
Software
No programs are required.
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 | second semester | morning-mixed |
| (PAUL) Classroom practices | 11 | Spanish | second semester | morning-mixed |
| (PAUL) Classroom practices | 12 | Spanish | second semester | morning-mixed |
| (TE) Theory | 51 | Spanish | second semester | afternoon |
| (PAUL) Classroom practices | 51 | Spanish | second semester | afternoon |
| (PAUL) Classroom practices | 52 | Spanish | second semester | afternoon |