Social Security Law
Code: 102293Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Law | OP | 4 |
Contact lecturer
- Name :
- Carolina Gala Duran
- Email :
- carolina.gala@uab.cat
Group languages
You can consult this information at the end of the document.
Prerequisites
Prerequisites
In order to achieve an optimal follow-up of the matter, it is advisable to have studied Labour Law I and II, given that some institutions of the employment contract - particularly the suspension and termination of the employment contract – have impact on the protective action of Social Security.
The course will be taught from the perspective of the Sustainable Development Goals.
Objectives
Goals
Social Security Law is taught in the fourth year of law degree It is a matter of economic and social impact, and with a clear impact on the activity of companies and on the the lives of individuals. Social security law has become increasingly independent of Labour Law since the Social Security Law pretends the protection of all citizens, not only those who have carried out or are carrying out a work or a professional activity.
However, the location of Social Security Law on the Company itinerary requires an emphasis in business obligations, as well as in the protection of persons who have are engaged in an activity covered by the general social security scheme, which is the scheme which affects most companies.
From the formative point of view, the specific purposes of Social Security Law are:
- Identify the concept, object, sources and competences of the state, autonomous community and European Union.
- Differentiate between the subjective scope of the social security system, levels of protection, financing and management.
- Identify the obligations of companies with regard to acts of communication (registration, affiliation, etc) and of contribution. Differentiate between professional and common contingencies.
- Identify the technical benefits, subsidies and pensions provided by the Social Security system. Differentiate them from the benefits that can be dispensed from the business forecast.
Learning outcomes
- Use different information and communication technologies.
- Students must be capable of making decisions.
- Identifying and solving problems.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Students must be capable of communicating their points of view in a compelling way.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
- Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
- Interpreting and comprehending labour regulatory texts, sentences of the labour court and collective agreements.
- Explaining and identifying the content and scope of that terminology to others.
- 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.
- Drawing up said documents with an appropriate content and style.
- Defining the content and utility of the regulatory and jurisprudential newsletters and databases used in the occupational framework.
- Interpreting the employment standards in the light of the general rules of interpretation and the pro operario principle.
- Applying the principle of inalienability of labour rights.
- 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.
- 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.
- 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.
- Enumerating the means (collective bargaining, social concertation) used for individuals and groups to create the Labour Law.
- Identifying the databases of commercial nature and knowing how to use them correctly.
- 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.
- 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.
- Detecting when an equality plan is significantly efficient to achieve equality in the work place.
- Knowing the mechanisms that must be applied in every situation.
- Knowing the foundations of the legal areas of the industrial relations in the specific scenarios of public administrations.
- Present information in a way that is appropriate to the type of audience.
Contents
TOPIC 1. THE LEGAL FRAMEWORK OF THE SOCIAL SECURITY SYSTEM
0. Regulatory background: from social insurance to Social Security. The concept of social risk.
1. The legal framework of the Social Security system in Spain.
1.1. Constitutional recognition of Social Security and its legal and regulatory development.
1.2. The concept of Social Security law and its guiding principles.
1.3. Social Security reform. Current challenges: measures to prevent discrimination between men and women (causes and impact of the pension gap). Ageing population.
2. Legislative powers of the Autonomous Communities in matters of Social Security.
3. Internationalisation of Social Security law.
3.1. European regulations.
3.3. International conventions.
TOPIC 2. STRUCTURE OF THE SPANISH SOCIAL SECURITY SYSTEM
1. Scope of coverage under the Social Security system.
1.1. Scope of coverage under the contributory scheme.
1.2. Scope of coverage under the non-contributory scheme.
2. Levels of the social security system.
2.1. Contributory scheme.
2.2. Non-contributory scheme.
3. Structure of the contributory social security scheme.
3.1. General Scheme.
3.2. Special schemes. Special systems.
4. Protective measures of the Social Security system.
4.1. General aspects of protective measures:
A) Characteristics: a) inalienability; b) exemption from attachment; c) taxable nature; d) number of pension payments.
B) Common rules governing benefits: a) limitation periods and expiry; b) recovery of overpayments; c) maximum and minimum amounts; d) indexation of pensions.
4.2. Basic protection: situations covered and benefits. Accidents at work, non-work-related accidents, common illnesses and occupational diseases.
4.3. Supplementary protection: Social Services, social assistance and voluntary benefits.
TOPIC 3. FINANCING AND MANAGEMENT OF SOCIAL SECURITY
1. Financing of Social Security.
1.1. Overview: models for financing Social Security systems.
1.2. Financing of the non-contributory branch of Social Security.
1.3. Funding of the contributory level. Mechanisms for intergenerational equity. The solidarity contribution.
2. Management of Social Security.
2.1. Managing Bodies and Common Services.
2.2. Collaborating bodies: Mutual Insurance Organisations collaborating with Social Security and companies.
GENERAL SOCIAL SECURITY SCHEME
TOPIC 4. SCOPE OF COVERAGE AND CLASSIFICATION PROCEDURES
1. Scope of coverage under the General Social Security Scheme.
1.1. Inclusions.
1.2. Exclusions.
2. Registration of companies.
3. Affiliation of workers. Registration and deregistration.
4. Social Security contributions.
4.1. Concept.
4.2. Parties involved: those obliged to pay, the person liable and the recipient.
4.3. Subject matter: contributions and their calculation, items on which contributions are payable, contribution bases and rates.
4.4. Special cases regarding contributions.
4.5. Employer responsibilities.
TOPIC 5. PROTECTIVE MEASURES (I): HEALTH PROBLEMS, WORK-RELATED DISABILITIES AND CHILD CARE
1. Health problems.
1.1. Concept and scope.
1.2. Eligible persons. Requirements.
1.3. Benefits: healthcare and other benefits.
1.4. Administration and management of benefits.
2. Temporary incapacity for work.
2.1. Concept.
2.2. Eligible persons: Requirements.
2.3. Benefits. New special situations of temporary incapacity for work from a gender perspective.
2.4. Administration and management of benefits.
3. Risk during pregnancy and breastfeeding, and benefits for childbirth and childcare.
3.1. Concept.
3.2. Eligible persons. Eligibility criteria.
3.3. Benefits.
3.4. Administration and management of benefits.
3.5. Benefits for childbirth and childcare.
3.6. Benefits for risk during pregnancy.
3.7. Benefit for risk during breastfeeding.
3.8. Benefit for the care of children with cancer or a serious illness.
3.9. Benefit for shared responsibility in the care of an infant.
4. Permanent disability.
4.1. Concept.
4.2. Degrees.
4.3. Eligible persons. Requirements.
4.4. Benefits.
4.5. Administration and procedures for benefits.
5. Permanent non-disabling injuries.
TOPIC 6. SOCIAL SECURITY PROTECTION (II): RETIREMENT, DEATH AND SURVIVOR’S BENEFITS.
1. Retirement.
1.1. Concept.
1.2. Eligible persons. Requirements.
1.3. Benefits.
1.4. Administration and procedures for
1.5. Special cases of early retirement.
1.6. Compatibility between retirement pensions and employment: Partial retirement, flexible retirement and active retirement.
2. Death and survivors’ benefits.
2.1. Definition and situations covered.
2.2. The person giving rise to the entitlement and the triggering event. Requirements.
2.3. Beneficiaries. Requirements.
2.4. Benefits. Special consideration of widow’s and orphan’s pensions and other financial benefits.
2.5. Administration and processing of benefits.
TOPIC 7. SOCIAL PROTECTION (III): FAMILY PROTECTION AND UNEMPLOYMENT
1. Family protection.
1.1. Structure and covered circumstances.
1.2. Beneficiaries. Requirements.
1.3. Benefits: non-financial benefits and financial benefits.
1.4. Administration and dynamics of benefits.
2. Unemployment.
2.1. Concept.
2.2. General and special circumstances.
2.3. Beneficiaries. Eligibility criteria.
2.4. Benefits.
2.5. Dynamic administration of benefits.
SPECIAL SCHEMES AND SPECIAL SOCIAL SECURITY SYSTEMS. NON-CONTRIBUTORY BENEFITS.
TOPIC 8. SPECIAL SCHEMES AND SPECIAL SOCIAL SECURITY SYSTEMS
1. Special schemes.
1.1. Concept.
1.2. Types and administration.
2. Special schemes.
TOPIC 9. NON-CONTRIBUTORY BENEFITS. THE LONG-TERM CARE SYSTEM.
1.1. Constitutional and legal framework for non-contributory benefits.
2. Covered circumstances and non-contributory social security benefits.
2.1. Disability pension.
2.2. Retirement pension.
2.3. Minimum living income.
2.4. Care-related protection: General framework.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Reading of texts: jurisprudence, articles and complementary documents | 20 | 0.8 | 8, 12 |
| Study of the subject | 50 | 2 | 4, 8, 9, 13, 15, 16 |
| Master classes | 22 | 0.88 | 8 |
| Search of jurisprudence, bibliography and other materials | 18 | 0.72 | 3, 4, 7, 8, 20 |
| Practical classes | 22 | 0.88 | 1, 2, 3, 4, 5, 8, 13, 16, 17 |
| Writing of practical cases and cards | 18 | 0.72 | 3, 8, 11, 15, 16 |
Statement
Teaching will be mixed: lectures will be online and seminars face-to-face.
Teaching and assessment methods may be submitted to change in case health authorities impose restrictions to access to campus.
1. Targeted activities
The directed activities are all those that are developed in the classroom with the main protagonism of the teacher. Two main types of activities are carried out as directed activities:
Firstly, master classes. This is an activity in which the main role falls on the teacher and has an essentially theoretical character. They will consist of a presentation by the teacher of various aspects of the syllabus, taking as a basis the applicable regulations and the dossiers that are eventually provided through the Teaching Space of the subject within the Virtual Campus, which will include diagrams and other materials of interest for the analysis of each of the subjects (extracts from judgments, fragments of collective agreements, etc.).
Secondly, the practical classroom classes that are carried out with a shared protagonism of teacher and students. These activities will have a markedly practical character. They will consist of three macro-practical activities, each of which will involve previous work outside the classroom and classroom work. Both will involve a series of tasks of different formats: identification and study of the regulatory framework of a given institution, reading and understanding of case law, search for collective agreements, resolution and discussion of practical cases, preparation of legal documents, etc.
The practical activities will be structured in three big blocks or macroactivities, which will include diverse practical activities and an activity of evaluation on the set of questions treated in the framework ofeach block. In order to be able to carry out the evaluation activity, it will be essential to previously deliver the documents requested in each case in relation to the activities of each block. The dates of the three evaluation activities will be made public at the beginning of thesemester through the Teaching Space of the Virtual Campus.
In the part corresponding to the previous work, some or all of the practical activities may be carried out in a small group that will be formed 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 determined. The same is provided for evaluation activities that could be done individually or in a group as determined by the teaching staff responsible for the group.
As for the schedule of supervised and supervised activities, this will be hung up before the start of classes.
The supervised activities will have a markedly practical character. They will consist of twelve practical activities, each of which will involve previous work outside the classroom and classroom work. Both will involve a series of tasks of different formats: identification and study of the regulatory framework of a given institution, reading and understanding of case law, search for collective agreements, resolution of practical cases, etc.
Supervised activities are those tutoring activities that can be carried out outside the classroom, individually or collectively, in order to help the students in the accomplishment of their tasks and in the understanding of the subject. Attendance at practical classes is compulsory.
3. Autonomous activities.
Autonomous activities are all those in which students organise their time and effort autonomously, either individually or in a group, such as research and the study of bibliography, the preparation of diagrams 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 |
|---|---|---|---|---|
| Practices (continuous evaluation) | 50% | 0 | 0 | 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 21, 25 |
| Examination | 50% | 0 | 0 | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24 |
| Practice | 50% | 0 | 0 | 2, 3, 8, 13, 16, 23, 24 |
Evaluation
This system combines the continuous evaluation of practical activities and the resolution of a final theoretical examination.
1.1 Continuous evaluation of practical activities.
The grade corresponding to the continuous evaluation of the practical activities will be the arithmetic mean of the grades obtained in the three practical evaluation activities that will be carried out during the semester. A minimum of one evaluable practical activities have to be done.
1.2 Ordinary Final Theoretical Examination.
All students can apply regardless of their mark in the continuous assesment. It will consist of the resolution of between 3 and 5 questions, some of which may correspond to questions dealt with through the practical activities. Each of the examination questions will be graded from 0 to 10 points. There will also be some test questions that will be reserved for specific subjects. This part of the exam will have a value of 50% of the grade. It will be obtained from the corresponding average.
1.3 Qualification of the subject with the ordinary evaluation system.
The score obtained through the continuous evaluation of the practical activities will have a value of 50% of the grade of the subject. The score of the final theoretical examination will have a value of 50% of the grade of the subject. In order to be able to add the score corresponding to the continuous evaluation of the practical activities it is essential that the score of the final exam be at least 5 points out of 10. If this minimum score is not reached the grade will be \"suspended\" and the numerical value corresponding to the theoretical exam expressed in parameter 0-10.
Re-evaluation.
It consists of a theoretical exam and, for some people, also a practical exam.
2.1 Theoretical examination.
It will consist of the resolution of between 3 and 5 questions, some of which may correspond to questions dealt with through the practical activities. Each of the examination questions will be graded from 0 to 10 points. There will also be some test questions that will be reserved for specific subjects. This part of the exam will have a value of 50% of the grade.
2.2 Practical examination
It will consist of a practical case resolution with the thematic content corresponding to the subject under consideration, similar to those that have been resolved during the practical activities subject to continuous evaluation. This part of the review will have a value of 50 per cent of the note.
The practical examination should only be carried out by persons who have obtained a score of less than 5 out of 10 through the practical activities of continuous evaluation. Persons who have obtained a score equal to or higher than 5 points will have that score maintained as a practical part score.
2.3 The final grade of the examination will be obtained by making the weighted average of the score obtained in the two parts. If the grade of the theoretical part does not achieve this minimum, the grade will be suspense and the numerical value will be that corresponding to the theoretical examination expressed in parameter 0-10.
Bibliography
Bibliography
Blasco Lahoz, Francisco i López Gandía Juan, Curso de Seguridad Social Valencia: Tirant lo Blanch. Last edition. Electronic document.
Esteban Legarreta, Ricardo y otros. Dret de la Seguretat Social I, II. Barcelona: UOC. Last edition. Electronic document.
González Ortega, Santiago, Introducción al derecho de la Seguridad Social. Valencia: Tirant lo Blanch. Last edition. Electronic document.
Roqueta Buj, Remedios i García Ortega, Jesús (Directores). Derecho de la Seguridad Social. Valencia: Tirant lo Blanch. Last edition. Electronic document.
The bibliography is available in the UAB digital library.
Software
The subject does not require any specific software.
The subject does not require a specific syllabus. For this subject, the use of Artificial Intelligence (AI) technologies is allowed exclusively in support tasks, such as bibliographic or information search. Students must 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 in the use of AI will be considered academic dishonesty and may lead to a partial or total penalty in the grade, 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 | 51 | Spanish | first semester | afternoon |
| (PAUL) Classroom practices | 51 | Spanish | first semester | afternoon |