Important notice
The course guide is provisional.
The PDF version of the course guide may take a few days to become available in the DDD.
Dialogue and Participation of Workers and their Representatives in the Framework of a Modern Company
Code: 45798Credits: 10
| Degree programme | Type | Course |
|---|---|---|
| Social and Labour Rights | OB | 1 |
Contact lecturer
- Name :
- Albert Pastor Martinez
- Email :
- albert.pastor@uab.cat
Group languages
You can consult this information at the end of the document.
Prerequisites
No specific prerequisites are required for taking this course, but it is necessary to have a basic understanding of the structure of the Spanish legal system.
Objectives
The course aims to provide students with a comprehensive and detailed overview of the various institutions that make up what has come to be known as the collective dimension of labor relations.
Thus, the course will take a theoretical and practical approach, combining lectures and practical exercises to analyze both the parties that interact within the company (unitary and union representative bodies) and the various instruments established by law for this purpose (rights to information and consultation, collective bargaining, strikes, etc.).
The combination of theoretical instruction with practical activities and the analysis of real-world examples is designed to enable students to gain a comprehensive understanding of the course content and to develop a critical and proactive perspective.
The selection of course topics has been made with special consideration given to those aspects that, due to recent regulatory changes, require students to bring their knowledge up to date, as well as those topics that have received little attention in undergraduate programs and are typically quite complex—making them more suitable for study at the master’s level.
Learning outcomes
- CA04 (Apply participation techniques in business restructuring processes, using audited social and labour approaches and the current regulatory framework, to manage the organisational transition effectively, respecting the human, economic, legal, and ethical dimensions involved.) Apply participation techniques in business restructuring processes, using audited social and labour approaches and the current regulatory framework, to manage the organisational transition effectively, respecting the human, economic, legal, and ethical dimensions involved.
- CA05 (Design competences for the legal representation of workers, as well as negotiation clauses that facilitate the effective incorporation of new strategies for the management of equality challenges, within the regulatory framework and collective agreements.) Design competences for the legal representation of workers, as well as negotiation clauses that facilitate the effective incorporation of new strategies for the management of equality challenges, within the regulatory framework and collective agreements.
- KA04 (Identify the different forms of participation of workers in the company, their regulatory sources and interrelations, within the regulatory framework of individual and collective labour relations.) Identify the different forms of participation of workers in the company, their regulatory sources and interrelations, within the regulatory framework of individual and collective labour relations.
- KA05 (Identify the competences and legal guarantees of the bodies for the participation and representation of workers, analysing their role in the management of collective disputes and in the promotion of dialogue between the parties.) Identify the competences and legal guarantees of the bodies for the participation and representation of workers, analysing their role in the management of collective disputes and in the promotion of dialogue between the parties.
- KA06 (Recognise and categorise the different types of collective bargaining agreements and contracts, analysing their structural relationships, nature and legal effectiveness, as well as their impact on social and labour protection.) Recognise and categorise the different types of collective bargaining agreements and contracts, analysing their structural relationships, nature and legal effectiveness, as well as their impact on social and labour protection.
- KA07 (Analyse the different collective action measures, with emphasis on strikes and their legal regulation, and identify the out-of-court settlement systems at both state and regional levels for the management of labour disputes.) Analyse the different collective action measures, with emphasis on strikes and their legal regulation, and identify the out-of-court settlement systems at both state and regional levels for the management of labour disputes.
- SA05 (Manage and apply the regulations for the implementation of workers' representative bodies, adapting them to decentralised and digitalised company models.) Manage and apply the regulations for the implementation of workers' representative bodies, adapting them to decentralised and digitalised company models.
- SA06 (Design bargaining units, establishing the scope of application of the collective agreement, preventing competition-based conflict and proposing measures for their organisation within the collective agreement.) Design bargaining units, establishing the scope of application of the collective agreement, preventing competition-based conflict and proposing measures for their organisation within the collective agreement.
Contents
The main topics to be covered in this course include:
I. Worker Representation
- The organizational structure of unitary representation. Types and impact of changes in business organization.
- The functional dimension of worker representation. Powers, guarantees, and operational tools.
- Union representation. Organizational and functional aspects.
- Collective bargaining and representative bodies
- Protection of participation and representation rights. Judicial and administrative aspects.
- Worker representation and gender equality.
II. Collective Bargaining
- Collective bargaining as a source of law. General aspects and special reference to the dynamics of collective bargaining agreements.
- Legitimacy to bargain
- The structure of collective bargaining.
- Company-level agreements and non-statutory bargaining
- European collective bargaining.
- Negotiation of equality plans.
- Challenges to and legal review of collective bargaining agreements.
III. Strikes.
- Right to strike, forms, and limits
- Minimum, safety, and maintenance services. Issues and current developments.
- Procedure and exercise of the right to strike
- Extrajudicial procedures for resolving collective disputes
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Preparing diagrams and summaries | 20 | 0.8 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
| Study | 90 | 3.6 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
| Searching for and reading the bibliography | 40 | 1.6 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
| Solving case studies and drafting legal documents | 17.5 | 0.7 | |
| Lectures | 4 | 0.16 | KA04, KA05, KA06, KA07 |
| Searching for and analysing legal documentation (case law, legislation, administrative decisions, collective agreements) | 10 | 0.4 | KA06 |
| Master classes | 36 | 1.44 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
| Searching for and reading the bibliography | 10 | 0.4 | KA04, KA05, SA05 |
| Practical activities | 17 | 0.68 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
The learning process for students in this module is structured around the three types of
training activities specified below:
1) Guided activities
These are activities that take place in the classroom, during the timetable allocated to the module and under the guidance of the
lecturer in charge. Three types of guided activities are planned: a) lectures, in which
the lecturer will present and explore various aspects of the syllabus; b) lectures, in which
academic or professional experts will analyse particularly relevant current issues; and
c) practical activities, consisting of solving case studies or completing questionnaires and presenting the results
orally or in writing, based on work carried out by the students prior to the face-to-face session. Through
this latter type of guided activity, between four and six continuous assessment tasks
will be carried out, the weighting of which will be specified later in the relevant section.
2) Supervised activities
These are activities carried out outside the classroom, based on instructions provided by the teaching staff, and which
are subject to some form of supervision or monitoring by the teaching staff.
Within the framework of this module, the most common tasks will be the search for and analysis of legal documentation
(case law, legislation, administrative decisions, collective agreements, etc.), the search for and reading of
bibliography, solving case studies and drafting legal documents; all of this is linked to
practical activities, through which the work carried out by the students will be supervised.
3) Independent activities
These are all activities in which students organise their time and effort independently,
either individually or in groups, such as searching for and reading reference material, drawing up
outlines and summaries, or studying. Within the framework of this module, independent activities, which are linked
primarily to the preparation for and sitting of the final examination, constitute an important aspect of the
learning process, particularly at Master’s degree level, where students’ maturity allows for
greater competence and effective use of independent activities.
Note: 15 minutes of one class session, within the timetable set by the institution or the degree programme,
will be set aside for students to complete the evaluation questionnaires on teaching performance and the
course or module.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Final Exam | 40% | 2.5 | 0.1 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
| Continuous assessment activities | 45 | 3 | 0.12 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
| Attendance and Participation | 15% | 0 | 0 | CA04, CA05, KA04, KA05, KA06, KA07, SA05, SA06 |
The evaluation will be based on continuous assessment activities, attendance, and a final test or exam.
Regarding continuous assessment activities, these will be brief and will take place within the framework of practical activities. They will consist of solving practical cases, completing questionnaires, and/or writing assignments, for subsequent oral or written presentation. Four continuous assessment activities will be carried out, which together will account for 45 percent of the grade.
Attendance is also taken into consideration, bearing in mind that attendance of no less than 80 percent of the sessions of each module is required. Within this margin, a slight penalty on the final grade is foreseen, which will depend on the student's absences. In this regard, it is understood that the master's-level teaching nature, the limited number of students, and the teaching dynamics contribute to the importance of attending the scheduled sessions as fully as possible. Class attendance will have a maximum value of 15 percent of the grade.
The final exam will account for 40 percent of the grade. Before the completion of the face-to-face sessions, precise instructions will be given regarding the number and specific characteristics of the questions that will make up this test.
Students who do not pass the subject through the evaluation system described in the previous paragraphs will have the right to a resit, which will have a format similar to the final exam.
Bibliography
1. Bibliografia general
- Alonso Olea, Manuel y Casas Baamonde, María Emilia: Derecho del Trabajo, Ed. Civitas. Última edición
- Camps Ruiz, Luis Miguel y Ramírez, Juan Manuel: Derecho del trabajo: Ed. Tirant lo Blanch, última edición. Disponible en la biblioteca digital de la UAB.
- Cruz Villalón, Jesús: Compendio de Derecho del Trabajo, Ed. Tecnos, Madrid, última edición
- Goertich Peset,José María: Derecho del trabajo, Ed. Tirant lo Blanch, 8º ed., 2020. Disponible en la biblioteca digital de la UAB.
- Martín Valverde, Antonio, Rodríguez-Sañudo, Fermín i García Murcia, Joaquín: Derecho del Trabajo, Ed. Tecnos, última edición
- Mercader Uguina, Jesús.: Lecciones de Derecho del Trabajo, Ed. Tirant lo Blanch, última edició. Disponible en la biblioteca digital de la UAB.
- Montoya Melgar, Alfredo: Derecho del Trabajo, Ed. Tecnos. Última edición
- Ramírez Martínez, Juan Manuel: Curso básico de Derecho del trabajo y de la seguridad social, Ed. Tirant lo Blanch, última edición. Disponible en la biblioteca digital de la UAB.
2. Bibliografia específica
S'indicarà a les diferents sessions.
3. Recopilacions normatives
Código Universitario de Derecho del Trabajo, Boletín Oficial del estado,
https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=289&modo=2¬a=0&tab=2
4. Enllaços web
Les principals pàgines web que es poden utilitzar en el marc d’aquesta assignatura corresponen a la base de dades «Westlaw», «Tirant on line» i «La Ley», que són de consulta gratuïta per als estudiants d’aquesta Universitat sempre que s’accedeixi des de la pàgina web del Servei de Biblioteques de la UAB (apartat «Bases de dades», ubicat a la pestanya «Recursos»).
Altres enllaços d’interès:
http://www.empleo.gob.es Ministeri de Treball i Immigració.
http://treballiaferssocials.gencat.cat/ca/inici/index.html. Departament de Treball, Afers Socials i Famílies
www.ilo.org. Organització internacional del treball.
Software
Not 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 |
|---|---|---|---|---|
| (TEm) Theory (master) | 1 | Spanish | first semester | afternoon |