
Labor Law
Code: 102381Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Business Administration and Management | OP | 4 |
| Economics | OP | 3 |
| Economics | OP | 4 |
Contact lecturer
- Name :
- Matteo Avogaro
- Email :
- matteo.avogaro@uab.cat
Group languages
You can consult this information at the end of the document.
Prerequisites
There are no prerequisites. However it is advisable to have passed the first-year course "Law", since it provides a basic understanding of the legal system that can help you understand the issues related to labour law.
Objectives
Introducing students to the knowledge of the main institutions of labour law as a tool for business management and as a tool for understanding their impact on economy. Defining the scope of labour regulations and understanding the rules governing the sources of the rights and obligations at work. Analyzing the different types of employment contracts. Knowing the regulations regarding working time, salaries, the suspension of the labour employment contract and especially the termination of the contract. Introducing students to knowledge of the role of trade unions and employers' associations, as well as the role of the representation and participation of workers in the company, and the relations of collective bargaining and collective conflict.
Learning outcomes
- Capacity to continue future learning independently, acquiring further knowledge and exploring new areas of knowledge.
- Analyse the process of the distribution of profits resulting from commercial and tax legislation.
- Apply the law to work-related or commercial conflicts.
- Select and generate the information needed for each problem, analyse it and make decisions based on this information.
- A capacity of oral and written communication in Catalan, Spanish and English, which allows them to summarise and present the work conducted both orally and in writing.
- Organise work, in terms of good time management and organisation and planning.
- Demonstrate initiative and work independently when required.
- Work as part of a team and be able to argue own proposals and validate or refuse the arguments of others in a reasonable manner.
- Use the commercial, tax and labour law that is currently in force in Spain.
Contents
UNIT 1: INTRODUCTION TO LABOUR LAW. EMPLOYMENT STATUS
1. Background and functions
2. Employment status
2.1. Voluntariness, working for someone else, subordination and wage payment
2.2. Exclusions
2.3. Inclusions: special labour relations
3. Independent work: concept and typology.
UNIT 2: SOURCES THAT REGULATE THE LABOUR RELATIONS AND PRINCIPLES OF IMPLEMENTATION
1. European and international standards
2. The Spanish Constitution
3. State regulations
4. Collective bargaining
5. The autonomy of the parties’ will
6. Principles of implementation.
UNIT 3: THE PARTIES TO AN EMPLOYMENT CONTRACT
1. The employee
2. The employer
2.1. Concept
2.2. Temporary Work Agencies
2.3. Outsourcing
2.4. Transfer of companies
2.5. Illegal transfer of workers
2.6. Group of undertakings.
UNIT 4: GENERAL ISSUES AND TYPES OF EMPLOYMENT CONTRACT
1. Form and formalities of the employment contract
2. Probationary period and other typical terms
3. Types of contracts
3.1. Permanent contracts
3.1.1. Ordinary permanent contract
3.1.2. Permanent discontinuous contract
3.2. Temporary contracts
3.2.1. Production-related circumstances and substitution contracts
3.2.2. Training contracts
3.2.3. Other temporary contracts
3.3. Part-time work and other forms and types of employment contracts.
UNIT 5: DEVELOPMENT OF LABOUR RELATIONS (I). WORKING TIME AND SALARY
1. Ordinary working time and special working time
2. Ordinary working time. Quantitative and distributive elements
3. Extraordinary working time (overtime)
4. Schedule and Calendar
5. Working time interruptions: breaks and permissions
6. Concept and types of salaries
7. Non-wage payments
8. Wage structure and wage determination
9. Payment of wages and protection.
UNIT 6: DEVELOPMENT OF LABOUR RELATIONS (II). MODIFICATIONS TO THE SERVICE PERFORMANCE AND SUSPENSION
1. Occupational classification
2. Functional mobility
3. Geographical mobility
4. Substantial changes to working conditions
5. Suspension of labour relations. Concept and main cases.
UNIT 7: TERMINATION OF LABOUR RELATIONS
1. Concept, causes and effects
2. Termination on objective grounds
3. Collective dismissal
4. Disciplinary dismissal.
UNIT 8: THE IMPACT OF COLLECTIVE LABOUR LAW IN BUSINESS DYNAMICS
1. Trade unions and employers’ organizations in labour relations
2. Union and employee representation in the company. Rights and guarantees
3. The collective bargaining as a means of regulating working conditions
3.1. Types and effectiveness of collective agreements
3.2. Negotiators and procedure
3.3. Contents of the agreement
4. Relations of conflict
4.1. The right to strike
4.2. The lockout
4.3 Autonomous systems of dispute resolution. Conciliation, mediation and arbitration.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Theory | 32.5 | 1.3 | 1, 3, 9 |
| Study | 68.5 | 2.74 | 1, 2, 3, 4, 5, 6, 7, 9 |
| Research and analysis of legal documents (literature, regulations, jurisprudence, etc.) | 15 | 0.6 | 1, 4, 6, 7, 8, 9 |
| Summarization and schemes | 10.5 | 0.42 | 1, 4, 6 |
| Practice | 17 | 0.68 | 1, 4, 5, 6, 8 |
The learning process of students within the framework of this course will be structured around the three types of learning activities set out below:
1. Directed activities
Directed activities are all those that take place in the classroom under the supervision of the teaching staff. These include lectures, seminars, or a combination of both.
- Lectures: these are activities in which the main role lies with the teaching staff and are essentially theoretical in nature. They will consist of the presentation of different aspects of the syllabus, based on the applicable laws and on materials that may be provided through the Virtual Campus, including schemes and other relevant materials for the analysis of each topic (extracts from judgments, excerpts from collective agreements, etc.).
- Seminars: in which the main role lies with the students. Seminars will be organised using teaching methods that ensure this active role and will be based on practical activities, such as the resolution and discussion of case studies, the drafting of legal documents, and the analysis and discussion of doctrinal articles, among others.
Attendance at seminars entails completing the work assigned in class. Some or all practical activities may be carried out in small groups, which will be formed either at the initiative of the students or the teaching staff, as determined by the latter at the beginning of the semester.
At the beginning of the semester, the schedule of directed activities will be published through the Virtual Campus, specifying the dates on which lectures and seminars will take place.
2. Supervised activities
Supervised activities are tutorial activities that may be carried out outside the classroom, either individually or collectively, in order to assist students in completing their tasks and understanding the subject.
3. Autonomous activities
Autonomous activities are all those in which students organise their time and effort independently, either individually or in groups, such as research and study of bibliography, preparation of schemes or summaries, etc. Within the framework of this course, the essential part of autonomous activities is linked to attending lectures, participating in seminars, and preparing for the mid-term and final examinations.
Annotation: the proposed teaching methodology may be subject to modifications depending on any restrictions on in-person attendance imposed by the health authorities.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Final Exam | 40% | 2 | 0.08 | 1, 2, 3, 4, 5, 6, 9 |
| Participation in lectures and practical seminars | 25% | 3 | 0.12 | 2, 3, 5, 7, 8, 9 |
| Mid-term exam | 35% | 1.5 | 0.06 | 1, 2, 3, 4, 5, 6, 9 |
A. CONTINUOUS ASSESSMENT
The assessment system consists of three components: the mid-term exam, the final exam, and the assessment of participation in lectures and practical seminars.
1. Mid-term Exam (35% of the final course grade)
The purpose of the mid-term exam, which will be graded on a scale from 0 to 10, is to verify the acquisition of the competences developed through lectures and practical seminars. The mark obtained in the mid-term exam shall account for 35% of the final course grade. The exam may include theoretical questions and/or the resolution of one or more practical cases.
2. Final Exam (40% of the final course grade)
The purpose of the final exam, which will be graded on a scale from 0 to 10, is to verify the acquisition of the competences developed through lectures and practical seminars. The mark obtained in the final exam shall account for 40% of the final course grade. The exam may include theoretical questions and/or the resolution of one or more practical cases.
Attendance at classes is not compulsory. However, attendance shall determine the scope of the final exam as follows:
- Students who have attended at least 75% of classes (lectures and practical seminars) shall sit a final exam focused primarily on the topics taught and discussed after the mid-term exam.
- Students who have NOT attended at least 75% of classes (lectures and practical seminars) shall sit a final exam covering the entire course syllabus.
3. Assessment of Participation in Lectures and Practical Seminars (25% of the final course grade)
Participation in lectures and practical seminars shall be assessed through a combination of the following methods:
- Activities conducted during lectures aimed at assessing participation and engagement in this part of the course.
- Submission of the documentation required in each case for the completion of practical activities carried out during seminars. Assessment shall take into account the submission of the assignments proposed by the teaching staff responsible for the seminars, as well as their quality and the effort invested in their preparation.
- Attitude in lectures and seminars, together with participation and attendance in both.
The specific number and weighting of the activities to be carried out shall be explained on the first day of class and set out in writing in a document published on the course Moodle.
Students who are not present in the classroom when participation assessment activities are conducted, and who are therefore unable to complete them, shall not be entitled to complete or make up such activities at another date or through alternative assignments. This rule shall apply irrespective of whether the absence is justified or unjustified. Accordingly, any documentation provided by the student to justify the reason for the absence shall be irrelevant. Exceptions shall be limited to the grounds expressly recognised under Sections 2 and 3 of Article 264 of the UAB Academic Regulations.
Final Course Grade
The final course grade shall be calculated on the basis of the mid-term exam (35%), the final exam (40%), and the assessment of participation in lectures and seminars (25%). All students are required to complete the assessable activities.
The course shall be deemed passed -and cannot be subject to further assessment- if the final grade is equal to or higher than 5, provided that the mark obtained in the final exam is at least 3.5 out of 10. If the mark obtained in the final exam is below 3.5 out of 10, the course shall be deemed failed, and the final course grade shall be the mark obtained in the final exam.
Where the final course grade is below 3.5, the student shall be required to retake the course in the following academic year.
Students whose final course grade is equal to or higher than 3.5 and lower than 5 may sit the resit exam. The teaching staff shall determine the format of such exam.
Resit Exam
“Students may participate in the resit process only if they have previously been assessed through a set of activities accounting for at least two-thirds of the total course grade.” [Article 261(2), Resit Assessment (UAB Academic Regulations)].
The date of the resit exam shall be scheduled in the Faculty’s examination calendar.
The resit assessment shall consist of an exam similar in format to the mid-term and final exams and shall, in all cases, cover the entire course syllabus.
The resit exam shall have only two possible outcomes: Pass or Fail. Students obtaining a Pass shall be deemed to have successfully completed the course and shall be awarded a grade of 5. Students obtaining a Fail shall not pass the course, and their final grade shall remain the grade obtained prior to the resit exam.
Review Procedure
On the date of the final exam, students shall be informed of the date and means by which final grades will be published. Information shall likewise be provided regarding the procedure, venue, date and time for the review of exams in accordance with University regulations.
Assessment Status
A student shall be deemed “Not Assessable” where she or he has not participated in any assessment activity.
Accordingly, any student who completes any component of the continuous assessment scheme -including any activity relating to the assessment of participation in lectures and seminars- shall no longer be eligible to be classified as “Not Assessable.”
Assessment Calendar
The dates of the mid-term and final exams are scheduled in the Faculty’s examination calendar.
“The schedule of assessment activities may not be modified except where an exceptional and duly justified circumstance prevents the assessment from taking place. In such cases, those responsible for the degree programme, after consulting the teaching staff and the students concerned, shall schedule a new date within the relevant teaching period, which shall be duly announced.” [Article 264(1), Assessment Activities Calendar (UAB Academic Regulations)].
Students of the Faculty of Economics and Business who, pursuant to the preceding paragraph, need to change the date of an assessment activity must submit a request using the Exam Rescheduling Request Form (available at: https://eformularis.uab.cat/group/deganat_feie/nou-reprogramacio-de-proves).
B. SINGLE ASSESSMENT (Article 265 of the UAB Academic Regulations)
In this course, students may apply for single assessment.
“A request for single assessment entails the waiver of continuous assessment and requires the submission, on a single date, of the number of assessment evidences necessary to certify and guarantee the achievement of the learning objectives and outcomes established for the course.” [Article 265(2), Single Assessment (UAB Academic Regulations)].
“To apply for single assessment, students must submit a reasoned application to the Faculty within the prescribed deadlines and specify the courses for which they seek single assessment. The application period is established annually in the UAB academic and administrative calendar. Exceptionally, students may apply outside this period where justified by unforeseen employment-related or health-related circumstances.” [Article 265(4), Single Assessment (UAB Academic Regulations)].
Single Assessment Exam
- Student attendance is compulsory on the date scheduled for the single assessment.
- The date shall coincide with the final exam date published in the assessment calendar approved by the Faculty of Economics and Business. The duration of the assessment shall be specified in the description of the assessment activity.
- All assessment evidence (100%) must be submitted on the day of the single assessment.
| Assessment Evidence | Weight (%) | Duration | Is the assessment activity conducted in person on the scheduled date? (YES/NO) |
| Theoretical questions | 40% | 45min | Yes |
| Resolution of Practical Cases | 40% | 45min | Yes |
| Multiple-choice and/or true-false test | 20% | 20 min | Yes |
| TOTAL | 100% | 1h50min |
Final Course Grade
The course shall be deemed Passed -and may not be subject to further assessment- if the mark obtained in the single assessment exam is equal to or higher than 5.
If the mark obtained in the single assessment exam is below 3.5 out of 10, the course shall be deemed Failed with the mark obtained, and the student shall be required to retake the course in the following academic year.
Students whose mark in the single assessment exam is equal to or higher than 3.5 and lower than 5 may sit the resit exam. The teaching staff shall determine the format of such exam.
Resit Exam
No distinction shall be made, for the purposes of the resit process, between students who have followed continuous assessment and those who have opted for single assessment. All students shall be assessed through the same exam or assessment evidence.
Review Procedure
The review of the final grade shall follow the same procedure applicable to continuous assessment.
Assessment Status
The same criterion for a “Not Assessable” grade shall apply as for continuous assessment.
C. IRREGULARITIES IN ASSESSMENT ACTIVITIES
The completion of assessment activities is subject to the provisions set out in this course guide and in the "Policy of the School of Economics and Business on the Detection of Irregularities during Assessment Activities", which regulates the conditions under which assessment tasks are conducted and the procedures applicable in cases where indications of irregularities are detected. Students are encouraged to consult the policy.
Without prejudice to any other disciplinary measures that may be deemed appropriate, and in accordance with the applicable academic regulations, the following rule shall apply to all continuous assessment activities, the single assessment exam and resit exams:
“In the event that a student commits any irregularity likely to result in a significant alteration of the grade awarded for an assessment activity, that assessment activity shall be graded 0 (zero), irrespective of any disciplinary proceedings that may be initiated. Where several irregularities occur in assessment activities corresponding to the same course, the final grade for that course shall be 0 (zero).” [Article 266(11), Assessment Results (UAB Academic Regulations)].
Bibliography
Among other Spanish Labour Law handbooks relating to the topics covered in this course, as an example and without any claim to exhaustiveness:
- Gómez Abelleira, F. J., and Pérez del Prado, D. (2024). Handbook of European and Spanish Employment and Social Security Law (Second Expanded Edition). Tecnos (available at the UAB Library).
In addition, students will be required to consult the applicable legislation indicated by the teaching staff.
Software
Use of AI
Restricted use: for this course, the use of Artificial Intelligence technologies (AI) is 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 result of the activity. Non-transparency of the use of AI in the 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 | 4 | English | second semester | morning-mixed |
| (PAUL) Classroom practices | 4 | English | second semester | morning-mixed |