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2022/2023

Employment Law II

Code: 100499 ECTS Credits: 6
Degree Type Year Semester
2500258 Labour Relations OB 2 1

Contact

Name:
Josep Maria Fuste Miquela
Email:
josepmaria.fuste@uab.cat

Use of Languages

Principal working language:
catalan (cat)
Some groups entirely in English:
No
Some groups entirely in Catalan:
Yes
Some groups entirely in Spanish:
No

Other comments on languages

In catalan: teaching and part of the materials prepared by the teaching staff. In Spanish: regulations, judgments, manuals and other reference materials accessible from the UAB website. In English documents of special interest

Prerequisites

Groups 01 and 51. Josep Maria Fusté Miquela. Catalan language.

There are no prerequisites. However it is essential to have previously passed the the first-year course (second semester) "Labor Law I"

Objectives and Contextualisation

The basic objective is to consolidate knowledge (DTI) and acquire the ability to apply the regulatory instruments of the legal regime of the Individual Employment Relationship (first part). It includes:
  • Employment contracts
  • Professional classification, rights and duties of the parties
  • Equality and fundamental rights in the employment relationship
  • Working time and related conciliation rights
  • Salary. Equal salary for equal work
The achievement of learning results is a basic element so that students can overcom throughout (in the second semester) "Labor Law III"
 

 

Competences

  • Applying the information and communication technologies to the different areas of action.
  • Clearly expressing ideas or facts in a compelling way.
  • Consulting and managing in terms of employment and labour recruitment.
  • Drawing up and formalising reports and documents.
  • Recognising the issues related to labour market, social security, and the implementation of legislation and jurisprudential criteria to the assumptions shown in practice.
  • Self-motivating by undertaking specific training programs to acquire new knowledge.
  • Students must be capable of deciding, sharply taking decisions and judging.
  • Students must be capable of persuading others to agree with their point of view.
  • Technically representing the people or entities of the administrative, fiscal, and procedural fields, and also of defence in labour courts.
  • Verbally communicating and defending a project.
  • Working autonomously.
  • Working effectively in teams.

Learning Outcomes

  1. Applying the information and communication technologies to the different areas of action.
  2. Clearly expressing ideas or facts in a compelling way.
  3. Describing regular processes and special processes.
  4. Drawing up and formalising reports and documents.
  5. Explaining the employment contract and its variations.
  6. Explaining the methods of job placement and intermediation in the labour market.
  7. Self-motivating by undertaking specific training programs to acquire new knowledge.
  8. Solving the practical issues related with suspension and extinction of industrial relations by applying the legislation and jurisprudence.
  9. Students must be capable of deciding, sharply taking decisions and judging.
  10. Students must be capable of persuading others to agree with their point of view.
  11. Verbally communicating and defending a project.
  12. Working autonomously.
  13. Working effectively in teams.

Content

WORK CONTRACT (I): CONCEPT, ELEMENTS, CONTENT
1. Work contract
1.1 Concept, characters, elements
1.2 Subjects (DT I)
2. Form and formalities
3. Validity and effectiveness
4. Content
5. Trial period in the work contract
WORK CONTRACT (II): TYPOLOGY ACCORDING TO ITS DURATION
1. Indefinite and temporary hiring: general considerations
2. Work contracts of indefinite duration
2.1 Ordinary indefinite work contract
2.2 Fixed discontinuous work contract and other typologies
3. Work contracts of temporary causal duration
WORK CONTRACT (III): OTHER TYPES AND MODALITIES
1. Training employment contracts
2. Part-time employment contracts
3. Other modalities and types of employment contracts
WORK PROVISION. RIGHTS AND DUTIES
1. Professional classification systems. Professional framing
2. Site of provision. Remote work, teleworking, working at home
3. Rights and duties ofthe parties. Limitations
4. Dignity of the person, equality and fundamental rights in labor relations
WORKING TIME
1. Concept and typologie
1.1 Regular working time
1.2 Special working times
1.3 Overtime
2. Break time at work. Daily, weekly, annual
3. Work schedule
4. Reconciliation: reduction, adaptation, permits (leave of absence)
SALARY (I): CONCEPT AND STRUCTURE
1. The salary
1.1 Concept and form
1.2 Modalities and salary systems
2. Equal salary for equal work
3. Salary structure
3. Extra-salary perceptions
SALARY (II): FIXATION AND GUARANTEES
1. Setting the salary. Minimum interprofessional salary, collective agreement salary, individual agreements
2. Place, time and method of payment
3. Protection
4. Salary Guarantee Fund

Methodology

The learning process within the framework of this subject will be organized from the three types of training activities that are explained below:

Directed activities. They respond to a predetermined time schedule, which requires the teacher's direction and that take place in groups (master classes) or subgroups (classroom practices, seminars)

  • Master classes. It is an activity where the main role falls on the teacher and is essentially theoretical. They will consist of the exposition of various aspects of the agenda, based on the applicable regulations and the materials that are eventually provided through the Virtual Campus.
  • Practical classes. With a shared role between teachers and students, these activities will have a practical nature and will consist of the execution of three PRACTICAL UNITS, each of which will involve previous work outside the classroom (see supervised activities) and face-to-face work in the classroom based on the resolution and collective discussion of practical cases and / or preparation of legal documents, etc. In the part corresponding to the work in the classroom, the practical activities will be carried out in teams or individually, as determined.

Supervised activities. Those that, although they can be developed autonomously, require the more or less punctual intervention of the teaching staff (tutorials, etc.). They will be developed individually or in small teams and will be oriented to the preparation of evaluable practices. They will consist of the following typology (indicative): Preparation of summary sheets of judgments or regulations. Realization of conceptual diagrams of the epigraphs of the agenda. Search and reading of bibliography and instrumental jurisprudence for the resolution of practical cases.

Autonomous activities. They are all thosein which the students organize their time and effort autonomously, either individually or in teams, such as research andstudy, drawing up diagrams or summaries. Also the resolution of practical cases/questions when it is carried out prior to the delivery and/or debate in the classroom. In this subject, an essential part of the autonomous activities is linked to completing, analyzing and studying the contents of the theoretical classes and preparing for the theoretical final 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.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Practical classes 19.5 0.78 1, 11, 10, 3, 5, 6, 2, 4, 9, 13
theory 19.5 0.78 3, 5, 8
Type: Supervised      
write a paper 10 0.4 1, 7, 5, 4, 9, 13
Final tutorial 6 0.24 3, 5, 6, 4
Material research 5 0.2 1, 2, 9, 12
Summarization and schemes. Research and analysis of legal documents (literature, regulations, jurisprudence, etc.) aimed at the preparation of the evaluable practices 20 0.8 1, 7, 11, 10, 5, 2, 4, 9, 13
Type: Autonomous      
Drafting/resolution of a part of the deliverables for evaluable practices 15 0.6 1, 7, 10, 5, 2, 4, 9, 13
Study 40 1.6 7, 5, 9, 12, 13
reading legal texts 10 0.4 1, 7, 5, 12

Assessment

Fraudulent conduct: Copying or attempting to copy in an exam will involve the qualification of 0 in the subject and the loss of a possible right to re-evaluation. The delivery of an evaluable practice in which there are signs of plagiarism or when, in the work in equipment, a false or inaccurate qualitative and/or quantitative co-authorship is recorded shall involve a 0 in that activity and a first warning. In case of repetition of the conduct the person or persons involved will suspend the subject (0) and lose the right to recovery

I. CONTINUOUS EVALUATION: combines the continuous evaluation of the practical classes and the resolution of a final exam.

1. Continuous evaluation of practical classes.

a) Three qualifying practical units will be made throughout the course. Each will have an evaluation activity. The final score of the activities will be the average of the three notes obtained (between 0 and 10 points). Before the beginning of the teaching, the specific date or week of performance will be published on the Virtual Campus, without prejudice to the exceptionally and for reasons of force majeure, these may, with sufficient notice and advance notice, be modified.

b) Development of practices. Each practical unit will be developed in principle in two/three sessions (one session each week) and will require regular attendance throughout the course. In each practice, the first sessions will be preparation, in which students must have developed in work teams the theoretical-practical development of the subject matter, for discussion and resolution of exercises in the classroom (team or individually). There will be a last session consisting of the EVALUATION of the practical unit, by resolving a case study and / or short questions or type test on the subject worked. This evaluation may have an individual resolution part and a team resolution part.

2. Final evaluation exam: shall consist ofthe resolutionof five development questions on the subject matter covered in theoretical and practical teaching. Legal understanding and expression, as well as the ability to relate and apply the basic legal concepts of the subject, will be particularly valued. Each of the exam questions will be rated from 0 to 10 points. The test score will be obtained from the corresponding average

3. Qualification of the subject with the system of continuous evaluation and final exam. Calculation of the subject grade if the score of the evaluation exam is equal to or greater than 4'5: the score obtained in the continuous evaluation of the practices will have a value of 50% of the grade and the score obtained in the final exam will be worth 50% of the grade. The subject will be approved with a minimum of 5 points out of 10.

Attention: where the final exam score is less than 4'5 out of 10, the grade of the subject will be suspense (note on 10 obtained in the evaluation exam).

II. RE-EVALUATION

ATTENTION: students who throughout the development of the subject have not taken assessable activities that together add up to 2/3 parts of the grade for the course, WILL NOT HAVE THE RIGHT TO RE-EVALUATION.

1. Student re-evaluation that has approved the practical units, have been presented to the final exam, but which has suspended the system of continuous evaluation. They are kept the practice note. They will do a re-evaluation review, with the same content and qualification criteria applied in the continuous evaluation.

2. Re-evaluation of students who have not approvet the practical units, have been presented to the final exam, but which has suspended the system of continuous evaluation 

  • For students entitled to re-evaluation, a theoretical-practical examination consistingof two parts shall be carried out: A theoretical part that will consist of the resolution of five development questions. Each question will be scored from 0 to 10 points and the note will beearned from the corresponding average.This part of the exam will be worth 50% of the grade (they do not keep the final evaluation exam note)
  • A practical part consisting of the decision appropriately based on law, of a practical assumption with the thematic content corresponding to the subject matter under review. This part of the exam will be worth 50% of the grade.
  • In this re-evaluation the final grade of the subject will be obtained by making the average of the score obtained in both parts. The subject will be approved when they have been independently passed (minimum note 5 out of 10) each of the two parts of the theoretical-practical examination. If one of the parties is not exceeded, the grade of the subject will be SUSPEND (note on 10 obtained in the suspended part).

III. REVIEW OF EVALUATION ACTIVITIES

Evaluation and re-evaluation exams: Teachers will set review day and time by posting a note on the virtual campus and/or through information on the day of the exam.

Continuous evaluation activities carried out throughout the semester: students interested in reviewing the grades should contact the teacher by email to set the day and time of review, within the period indicated in the publication of each of the notes.

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
EVALUABLE PRACTICES. There will be done 3 trials (1 for every PRACTICAL UNIT. Approximate time 1h each) 50% 3 0.12 1, 7, 11, 10, 5, 6, 2, 4, 9, 12, 13
Theoric exam 50% 2 0.08 3, 5, 6, 2, 8, 9

Bibliography

Bibliography

1. GENERAL BIBLIOGRAPHY: At the beginning of the course, the teaching staff responsible will detail the aspects for their use based on the following materials and criteria.

a) Required (assessment object in parts indicated by the teaching equipment): in electronic format accessible via internet

  1. Lecciones de Derecho del Trabajo   Jesús R. Mercader Uguina,Tirant lo blanch, Valencia, 15ª Edición  2022, on line

b) Recommended: For a correct preparation of the subject (theory and practice) it is highly recommended to consult the manual. For information purposes, the reference of the other manuals that will serve as the basis for the preparation of the theoretical and practical teaching of the subject is indicated:

  1. GPS LABORAL. CARLOS L. ALFONSO MELLADO; GEMMA FABREGAT MONFORT,   Tirant lo blanch, Valencia, 8ª Edición, 2022, on line
  2. Compendio de Derecho del Trabajo: Cruz Villalón; Jesús. Madrid, Tecnos, 2022
  3. Derecho del Trabajo: Martín Valverde, Antonio, Rodríguez-Sañudo, Fermín & García Murcia, Joaquín. Madrid, Tecnos, 2022
  4. Materials per a l'aprenentatge del Dret del Treball (Adaptats a l'Espai Europeu d'Educació Superior): Pérez Amorós, Francesc & Solà Monells, Xavier (Dir): Col·lecció Materials, Servei de Publicacions de la UAB, 2015

2. Requiered law 

Agencia Estatal Boletín Oficial del Estado. Biblioteca Jurídica Digital. COLECCIÓN «CÓDIGOS ELECTRÓNICOS UNIVERSITARIOS» : Código Universitario de Derecho del Trabajo

3. Regulations, court rulings, collective agreements and other legal documentation of interest

CONSULT: catàleg de recursos electrònics (BASES DE DADES DE DRET) acces:  web de la Biblioteca  or  Cercador. Also ARE link: https://www-uab-cat.are.uab.cat/biblioteques/

Recommended for labour law

  1. Aranzadi Instituciones 
  2. vLex
  3. La Ley
  4. Biblioteca Virtual Tirant

In view of regulatory reforms, consultation and the study of the matter must be carried out with the current wording of the laws. For manuals only the 2022 edition is valid, with updates indicated by the teacher. It is entirely unpredictable to use materials (points, etc) from previous courses.

Software

There will be not specific programs