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Employment and Social Security Law II

Code: 102291
Credits: 6
2026/2027
Degree programme Type Course
Law OB 3

Contact lecturer

Name :
Ricardo Esteban Legarreta
Email :
ricardo.esteban@uab.cat

Teaching staff

Matteo Avogaro
Ricardo Esteban Legarreta
Ferran Rosell Güeto
Montserrat Sole Truyols
Nacho Parra Arnaiz
Xavier Solà Monells
Julia Senra Petit
Jonás Gamez Bakkali
Jorge Torrents Margalef
Oriol Cremades Chueca

Group languages

You can consult this information at the end of the document.

Prerequisites


This subject will be taught taking into account the view of the Sustainable Development Goals.

In order to achieve the learning results proposed, it is highly recommended that the student has studied and passed the third year subject "Employment and Social Security Law I".

Passing the course is not an official previous requirement for taking Employment and Social Security Law II, but it is a proper basis for being in a position to pass it.


Lecturers:

Group 1: Matteo Avogaro/Montserrat Solé. Spanish/Catalan

Seminar 11 . Marta García Segura. Catalan

Seminar 12 Matteo Avogaro/Montserrat Solé. Spanish/Catalan

Seminar 13 Jonás Gámez. Spanish


Group 2: Ricardo Esteban. Spanish.

Seminar 21 Nacho Parra. Spanish

Seminar 22 Ricardo Esteban. Spanish.

Seminari 23 Jorge Torrents. Spanish.


Group 51: Xavier Solà. Catalan

Seminar 511 Júlia Senra. Catalan

Seminar 512 Xavier Solà. Catalan

Seminar 513 Nacho Parra. Catalan


Group 70 Management + Law: Oriol Cremades. Catalan

Seminar 701 Oriol Cremades. Catalan

Seminar 702 Ferran Rosell. Catalan

Objectives

Employment and Social Security Law II is a course that is taught in the second term of the third year of Law degree,

based on the knowledge gained from the structural matters that have been the subject of Employment and Social Security Law I.

This is a course that develops the legal regime of access to employment, recruitment and training. rights and duties of workers, legal regim of the powers of management, and of the business organisation, as well as the modification, discontinuation and termination of the employment relationship, and the so called special contracts of employment.

Learning outcomes

  1. Use different information and communication technologies.
  2. Students must be capable of making decisions.
  3. Identifying and solving problems.
  4. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  5. Students must be capable of communicating their points of view in a compelling way.
  6. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
  7. Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
  8. Interpreting and comprehending labour regulatory texts, sentences of the labour court and collective agreements.
  9. Defining the main interpretation and implementation principles of the Labour Law.
  10. Explaining and identifying the content and scope of that terminology to others.
  11. Describing in a practical way the minimum and essential content of the legal-occupational documents: employment contracts, collective agreements, or communications between employer and employee, among others.
  12. Drawing up said documents with an appropriate content and style.
  13. Defining the content and utility of the regulatory and jurisprudential newsletters and databases used in the occupational framework.
  14. Interpreting the employment standards in the light of the general rules of interpretation and the pro operario principle.
  15. Applying the principle of inalienability of labour rights.
  16. Applying in combination the principles of hierarchy and most favourable law.
  17. Identifying the issues and aspects that should be reformed, and properly integrating them with the current part of the legal system or the jurisprudence and/or judicial doctrine.
  18. Identifying the transitional or derogatory arrangements of the legal-occupational standards and applying them in a proper way, in combination with the principle of most beneficial condition.
  19. Identifying the areas (in a legal, administrative courts, collective agreements negotiation or others..) where it's possible to negotiate and mediate between several subjects in case of a labour dispute.
  20. Clearly identifying the controversy points as well as differentiating between legal and interest labour disputes.
  21. Acting in a conflict situation posed as practical work.
  22. Identifying the several individuals and social groups and their different interests on the scope of Labour Law: employers, entrepreneurs, trade unions, employers' associations, company representatives.
  23. Describing the mechanisms and legal principles used to balance the relations produced in the scope of implementation of Labour Law.
  24. Enumerating the means (collective bargaining, social concertation) used for individuals and groups to create the Labour Law.
  25. Identifying the databases of commercial nature and knowing how to use them correctly.
  26. Describing the databases of Spanish public administrations and European and international organizations, as well as knowing how to gain access to the news these institutions might provide.
  27. Detecting the assumptions where the collective bargaining, unilateral pacts or unilateral decisions of the entrepreneur damage the equality between men and women in the workplace.
  28. Detecting when an equality plan is significantly efficient to achieve equality in the work place.
  29. Knowing the mechanisms that must be applied in every situation.
  30. Analysing the situation by comparing several collective agreements and watching the historical evolution of these situations.
  31. Knowing the foundations of the legal areas of the industrial relations in the specific scenarios of public administrations.
  32. Present information in a way that is appropriate to the type of audience.
  33. Knowing the foundations of the legal areas of industrial relations in the specific scenario of immigration and transnational mobility.
  34. Knowing the foundations of the legal areas of industrial relations in the specific scenario of legal management of diversity in the company.
  35. Knowing the foundations of the legal areas of industrial relations in the specific scenario of new technologies and labour market.
  36. Knowing the foundations of the legal areas of industrial relations in the specific scenario of new technologies and freedom of speech and information.
  37. Enumerating the regulations helping the reconciliation of work and family life.
  38. Understanding the specific situations in a collective agreement.
  39. Gathering good business related practices.

Contents

Unit 1


ACCESS TO / WORK AND GENERAL CONFIGURATION OF THE EMPLOYMENT CONTRACT


1. Access to work


1.1 Right to work and duty to work


1.2 Occupation policy: concept, subjects and measures


1.3 Placement and mediation in the labour market: public services and other parties involved


2. Employment contract


2.1 Origin and historical evolution


2.2 Concept and Characters


2.3 Structure


2.4 Constitutive and regulatory functions


2.5 Typology


3. Special regime employment contracts and relationships


 


Unit 2


FORMATION OF THE EMPLOYMENT CONTRACT: ELEMENTS AND INITIAL PHASE


1. Capacity of the parties to contract


2. Form and formalities of the employment contract


3. Validity and effectiveness of the employment contract


4.Legal regime


 


Unit 3


MODALITIES AND TYPOLOGY OF THE EMPLOYMENT CONTRACT


1. Permanent and fixed-term employment: stability and flexibility of employment


2. Permanent employment contracts of indefinite duration


2.1 Indefinite employment contract for an employer


2.2 Permanent-continuous employment contract


3. Structural fixed-term employment contracts


3.1 Temporary employment contracts due to production circumstances


3.2 Temporary employment contracts of substitution


4. Fixed-term work contracts for a mixed cause


4.1 Training and internships contracts


4.2 Relief contract


5. Part-time contract


6. Other forms and types of employment contract


 


UNIT 4


BUSINESS POWERS AND DUTIES OF THE PARTIES


1. The management power of the employer


2. The disciplinary power of the employer


3. Employer's power of control


4. Duties of the worker


4.1 Duty to work


4.2 Dependence and duty of obedience


4.3 Duty of diligence: due performance, collaboration and contribution to productivity improvement


4.4 Duty of good faith.


5. The employer’s duties


5.1 Duty to protect the employee's professional capacity


5.2 Duty to protect the employee's person


5.3 Duty to protect the employee's property. Employee's inventions


6. Occupational health and safety rights and duties: rights and obligations of the employer and employee


 


Unit 5


WORKING HOURS AND INTERRUPTIONS


1. The working day


1.1 Concept, basis and type


1.2 Ordinary working day and special working days


1.3 Extraordinary working day. Overtime


2. Working hours


2.1 Concept


2.2 Establishment and modification


2.3 Classes


2.4 Night work hours


2.5 Shift work


3 Interruptions of the working day


3.1 Concept


3.2 Assumptions: periodic and non-recurrent interruptions


3.3 Effects


4. Periodic interruptions


4.1 Daily rest


4.2 Weekly rest


4.3 Annual rest: annual rest


4.4 Work holidays


4.5 Work calendar


5 Non-recurrent interruptions: permits and licenses


 


UNIT 6


WAGE BENEFITS


1. Wages


1.1 Concept


1.2 Legal and economic characteristics


1.3 Extra-wage payments


2. Wage arrangements and systems


3. Wage structure


3.1 Basic wage


3.2 Wage supplements


4. Wage fixing


4.1 Heterogeneous fixing: minimum inter-professional wage


4.2 Conventional fixing: wage according to collective agreements


4.3 Absorption and compensation


5. Place, time and method of payment


6. Protection of wages


6.1Due payment surcharge


6.2 Privileges of wage credit


6.3 Unseizability of wages


6.4 The Wage Guarantee Fund


 


UNIT 7


MODIFICATION OF THE EMPLOYMENT CONTRACT


1. Modification of the employment contract


1. Concept


1.2 Modalities


1.3 Effects


2.Functional mobility


2.1 Concept and limits


2.2 Modalities


2.3 Effects


3. Geographical mobility


3.1 Concept and limits


3.2 Modalities: movement and transfer


3.3 Effects


4. Substantial changes in working conditions


4.1 Concept and limits


4.2 Manifestations


4.3 Effects


5. Succession of companies


 


UNIT 8


THE SUSPENSION OF THE EMPLOYMENT CONTRACT


1.1 Concept


1.2 Causes


1.3 Effects


2. Cases of suspension of the employment contract


2.1 For reasons concerning the employee


 2.2 For reasons concerning the employer


2.3 For reasons beyond the control of the parties


2.4 Special consideration of leave of absence


 


UNIT 9 TERMINATION OF THE EMPLOYMENT CONTRACT


1. The termination of the employment contract


1.1 Concept and grounds


1.2 Causes


1.3 Effects


2 Assumptions of termination of the employment contract


2.1 By decision of the employee


2.2 By will of both parties


2.3 By decision of the employer


2.4 By decision of the employer


 


UNIT 10 DISMISSAL AS A CAUSE OF TERMINATION OF THE EMPLOYMENT CONTRACT


1. Disciplinary dismissal


1.1 Concept


1.2 Causes


1.3 Procedure.


1.4 Effects


2. Objective dismissal


2.1 concept


2.2 Causes


2.3 Procedure


2.4 Effects


2. Collective redundancies


2.1 Concept


2.2 Causes


2.3 Procedure:


2.4 Effects


 


UNIT 11


SPECIAL REGIME LABOUR CONTRACTS


1. Special regime employment contracts


1.1 Characterisation and meaning


1.2 Speciality of the legal system and supplementation of common regulations


2. Type and legal regime


2.1 Senior management personnel contract


2.2 Family home personnel contract


2.3 Professional sportsmen contract


2.4 Artists contract for public shows


2.5 Commercial operators contract


2.6 Disabled people contract for special work centres


2.7 Civilian personnel contract for military establishments


2.8 Harbour dockers


2.9 Prisoners to penitentiary institutions


2.10 Resident health graduates


2.11 Lawyers in legal offices


2.10 Others

Learning activities and methodology

Title Hours ECTS Learning outcomes
Growndwork of the activities carried out in seminars 47 1.88 1, 2, 3, 4, 5, 6, 7, 8, 12, 14, 15, 16, 27, 28
Master classes 22 0.88 9, 10, 14, 15, 16, 17, 18, 19, 22, 23, 24
Study 43 1.72 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24
Seminars 22 0.88 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 20, 21, 25, 26, 27, 28
Tutorials 5 0.2 1, 3, 4, 6, 7, 8, 12, 13, 14, 21, 25, 26, 27, 28

The learning process of the students within the framework of this course will be organized based on the three types of training activities set out below:


1. Directed activities

Directed activities are all those that take place in the classroom under the supervision of the lecturer. As directed activities, two main types of activities are carried out:

Firstly, the theoretical classes. This is an activity where the main role lies with the teaching staff and they have an essentially theoretical nature. They will consist of the presentation of various aspects of the syllabus, taking as a basis the applicable regulations and the materials that may eventually be provided through the Virtual Campus, which will include outlines and other materials of interest for the analysis of each of the topics (extracts from judgments, fragments of collective agreements, etc.).

Secondly, the seminars, where the main role lies with the students. The seminars will be designed with diverse teaching methodologies that guarantee this leading role and will be based on the carrying out of activities of a markedly practical nature, such as the resolution of practical cases, the simulation of trials or other forms of dispute resolution, the drafting of legal documents, the analysis and discussion of doctrinal articles, administrative documentation and others.

The seminars will be structured in three major thematic blocks or macro-activities, which will include various practical activities and one evaluation activity on the set of issues dealt with within each thematic block. To these three thematic block evaluation activities a fourth assessable activity will be added: participation and follow-up of the seminars.

Attendance at seminars is compulsory and entails carrying out both the work assigned prior to each session and the work proposed in the classroom. In the part corresponding to the prior work, some or all of the practical activities may be carried out in small groups formed at the initiative of the students or the teaching staff, as determined by the teaching staff at the beginning of the semester. In the part corresponding to the work in the classroom, the practical activities will be carried out in groups or individually, as determined. The same is foreseen with regard to the evaluation activities, which may be carried out individually or in groups as determined by the teaching staff responsible for the group.

At the beginning of the semester, the calendar of directed activities will be made public through the Virtual Campus, specifying the days on which the theoretical classes, seminars and thematic block evaluation activities will take place.


2. Supervised activities

Supervised activities are those tutorial activities that can be carried out outside the classroom, individually or collectively, to help students in carrying out their tasks and in understanding the subject matter.


3. Autonomous activities

Autonomous activities are all those in which students organize their time and effort autonomously, either individually or in groups, such as the search and study of bibliography, the preparation of outlines or summaries, etc. Within the framework of this course, the essential part of autonomous activities is linked to the follow-up of the theoretical classes and the preparation of the seminars and the final theoretical exam.


Annotation: within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Assessment

Continuous assessment activities

Title Weight Hours ECTS Learning outcomes
Continous assessment of seminars (thematic block) 30 per 100 5 0.2 1, 3, 8, 9, 11, 12, 14, 16, 17, 18, 21, 30, 32, 38, 39
Participation in seminars 20 per 100 1 0.04 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 21
Participation in lectures 10 per 100 1 0.04 14, 15, 16, 17, 18, 20, 21, 22, 25
Reassement 70 per 100 2.5 0.1 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 33, 34, 35, 36, 37
Exam 40/100 per 100 1.5 0.06 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 20, 21, 25, 26, 27, 28, 29, 31, 33, 34, 35, 37

1. Ordinary assesmen system.

This system combines the continuous assessment of the work carried out in the seminars, the completion of a theoretical exam and the assessment of participation in theory classes.

1.1 Continuous assessment of the work carried out in the seminars

The final mark corresponding to the continuous assessment of the work carried out in the seminars will be determined on the basis of the three thematic block evaluation activities and the evaluation activity on participation and follow-up, described above in the “Methodology” section. The thematic block evaluation activities will have a value, as a whole, of 30 percent of the mark, while participation and follow-up will have a value of 20 percent of the mark.

1.2 Ordinary final theoretical exam.

Only those who have participated in at least two of the thematic block evaluation activities carried out within the framework of the seminars may sit the exam, regardless of the final mark obtained in the continuous assessment.

The exam will consist of the resolution of between 5 and 10 questions, some of which may correspond to issues dealt with through the practical activities. Each of the questions in the exam will be graded from 0 to 10 points. The grade for the exam will be obtained from the average resulting from the total score obtained divided by the number of questions. The mark of the theoretical exam will have a value of 40 percent of the overall mark.

The assessment and reassessment exams must be taken on the dates scheduled by Academic Management and published at the beginning of the course. The assessment and reassessment exams will only be rescheduled when the conditions provided for in the academic regulations of the UAB are met.

1.3 Assessment of participation and follow-up in theory class.

The teaching staff of the course will carry out activities in theory class to assess participation and follow-up of this part of the course. The set of activities proposed will have a value of 10 percent of the final mark.

1.4 Grade of the course in the ordinary assessment system

The grade of the course in the ordinary assessment system will be obtained by calculating the arithmetic mean between two marks: the final mark of the continuous assessment of the work carried out in the seminars and the theory mark, composed of the mark of the ordinary theoretical exam and the mark for participation and follow-up in the theoretical part. In order to calculate the average between these two marks, the mark of the final theoretical exam must be at least 5 points out of 10. If this minimum is not reached, the grade will be “fail” and the numerical value will be that corresponding to the average of the exam and the continuous assessment with a maximum limit of 4 for the purposes of being able to access, where appropriate, compensatory assessment.

If the arithmetic mean reaches a minimum of 5 points out of 10, the course will be considered passed through ordinary assessment. In the opposite case, reassessment may be undertaken, in which students will be examined on the thematic block evaluation activities, the theoretical exam or both, when a minimum score of 5 points has not been obtained in the ordinary assessment of this or of these two specific activities. It will be understood that the practical or seminar part has been passed when a minimum mark of 5 has been obtained in the set of activities consisting of the thematic block assessments and participation and follow-up.


2. Reassesment.

Those who have taken part in the ordinary assessment by participating in at least activities that amount to 2/3 of the final mark may access it, which must include the ordinary final theoretical exam and at least two thematic block evaluation activities.

It will consist of two parts, one theoretical and another practical, respectively consisting of a theoretical exam and a practical exam. Only the part or parts in which a minimum score of 5 points has not been obtained in the ordinary assessment may be retaken, excluding for these purposes the marks obtained in seminar participation and in participation and follow-up of theory and taking into account only the average of the thematic block evaluation activity tests and the theoretical exam.

The reassessment theoretical exam will have the same format and characteristics as the ordinary final theoretical exam.

The practical exam will consist of the duly reasoned resolution in law of a practical case with thematic content corresponding to the subjects dealt with within the framework of the seminars, similar to those set out in the thematic block evaluation activities.

The grade of the course in the reassessment will be obtained as follows: the mark obtained in the reassessment theoretical exam (or where appropriate in the ordinary theoretical exam) will be worth 40%; the mark for participation and follow-up in theory classes obtained during the ordinary continuous assessment phase will be worth 10%; the mark for participation and follow-up in seminars obtained during the course will be worth 20% and the mark obtained in the reassessment practical exam (or where appropriate the mark of the thematic block evaluation activities) will be worth 30%. In order to calculate the average between the marks, the mark of the theoretical exam must be at least 5 points out of 10. If this minimum is not reached, the grade will be “fail” and the numerical value will be that corresponding to the applicable weighted average of the exam and the continuous assessment or the practical exam with a maximum limit of 4 for the purposes of being able to access, where appropriate, compensatory assessment.

If the weighted average reaches a minimum of 5 points out of 10, the course will be considered passed through reassessment.

The student will be assessable provided that they have carried out a set of activities whose weight is equivalent to at least 2/3 of the total grade of the course, which must include the ordinary final theoretical exam and at least two thematic block evaluation activities, or the theoretical exam and the reassessment practical exam.

If the value of the activities carried out does not reach this threshold, the lecturer of the course may consider the student as not assessable.

3. Only assesment

Students having been accepted in the only assessment, should perform, in the same day, the following assesment activities.

3.1 A multiple choice test (20 % of the mark).

The test will have 20 questions with four possible answers and an only correct answer.

3.2 A practical exam (30% of the mark).

This exam will be the same that the one described in point 2.

3.3. A theoretical exam (50 % of the mark).

This exam will be the same that the one described before (point 1.2).

3.4. Marks in the only assessment system.

The subject will be considered passed if the addition of the marks obtained in the three assesment activities, depending on the weight that corresponds to them in each case, reaches a mark of 5 points out of 10. With this regard, the minimum mark of the theoretical exam must be of 5 point out of 10.

The students who fail, will have access to current reassessment (point 2)

4.Fraudulent Behaviour

A student who cheats or tries to cheat in an exam will be given a 0. A student who submits a paper or a practical exercise in which evidence of plagiarism can be identified will be given a 0 and will receive a warning.

Use of AI: For this course, the use of Artificial Intelligence (AI) technologies in preparatory activities is permitted. Students must clearly identify which parts were generated with this technology, specify the tools used, and include a critical reflection on how these influenced the process and final outcome of the activity. Lack of transparency in the use of AI in preparatory activities will be considered academic dishonesty and may result in a partial or total penalty in the activity grade, or greater penalties in serious cases.

Bibliography

In each group the lecturer will advise the students on the bibliography of the course

Handbooks:

Alonso Olea, Manuel,; Casas Baamonde, María Emilia: Derecho del Trabajo, Ed. Civitas. Last edition

Camps Ruiz, Luis Miguel i Ramírez, Juan Manuel: Derecho del Trabajo:  Ed. Tirant lo Blanch, last edition. Available at the UAB digital library.

Cruz Villalón, Jesús: Compendio de Derecho del Trabajo, Ed. Tecnos, Madrid, last edition

Goerlich Peset,José María: Derecho del Trabajo,  Ed. Tirant lo Blanch, last edition. Available at the UAB digital library.

Martín Valverde, Antonio, Rodríguez-Sañudo, Fermín i García Murcia, Joaquín: Derecho del Trabajo, Ed. Tecnos, last edition

Mercader Uguina, Jesús.: Lecciones de Derecho del Trabajo, Ed. Tirant lo Blanch, last edition. Available at the UAB digital library.

Montoya Melgar, Alfredo: Derecho del Trabajo, Ed. Tecnos. Last edition

Ramírez Martínez, Juan Manuel: Curso básico de Derecho del trabajo y de la Seguridad Social, Ed. Tirant lo Blanch, last edition. Available at the UAB digital library.

 

Regulations:

Código Universitario de Derecho del Trabajo, Boletín Oficial del estado, https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=289&modo=2&nota=0&tab=2  

Legislación social básica. Ed. Civitas, last edition

Legislación laboral y de Seguridad Social. Ed. Tecnos, last edition

Legislación laboral y de Seguridad Social. Ed. Aranzadi, last edition

 

 

Software

 The course does not require any specific software.

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 Catalan second semester morning-mixed
(TE) Theory 2 Spanish second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 11 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 12 Spanish second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 13 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 21 Spanish second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 22 Spanish second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 23 Spanish second semester morning-mixed
(TE) Theory 51 Catalan second semester afternoon
(TE) Theory 70 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 511 Catalan second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 512 Catalan second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 513 Catalan second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 701 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 702 Catalan second semester morning-mixed