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Employment and Social Security Law I

Code: 102292 ECTS Credits: 6
2024/2025
Degree Type Year
2500786 Law OB 3

Contact

Name:
Helena Ysas Molinero
Email:
helena.ysas@uab.cat

Teachers

Francisco Javier Sánchez Rodríguez
David Gutierrez Colominas
Vidal Aragones Chicharro
Marta Garcia Segura
Jessica Andrea Romero Fuentes
Ferran Rosell Güeto
Montserrat Sole Truyols
Alba Rocosa Viñals
Julia Senra Petit
Helena Ysas Molinero

Teaching groups languages

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


Prerequisites

There are no prerequisites.

 

TEACHING STAFF:

 

Grup 01: Montse Sole

Sem 11: Alba Rocosa

Sem 12: Montse Solé

Sem 13: Marta Garcia

 

Grup 02: Helena Ysàs

Sem 11: Vidal Aragonès

Sem 12: Helena Ysàs

Sem 13. Júlia Senra

 

Grup 51: David Gutiérrez

Sem 511: Jessica Romero

Sem 512: David Gutiérrez

Sem 513: Javier Sénchez

 

Grup 70: Helena Ysàs/ to be determined

Sem 701: Helena Ysàs/ to be determined

Sem 512. Ferran Rosell

 

The teaching of this course will consider the sustainable development goals.

 


Objectives and Contextualisation

Labour Law I is a subject taught in the first term of the third year of studies. This is a subject that allows the student to acquire the structural elements of a subject that is continued in the second term in the course Labour Law II.
 
Labour Law I has the academic utility of establishing the basic conceptual bases of the sources of the labour legal system, delimiting its object and its individual and collective subjects. 
 
From a training perspective, Labour Law I aims to achieve a number of objectives for the student, among which the following are particularly noteworthy:
 
- Identify the purpose, sources and principles of labour law. 
 
- To differentiate between the various subjects who interact in the field of Labour Law.
 
- Identify collective labour rights, participation, negotiation and conflict, with special attention to freedom of association, its subjective scope and its content.
 

Competences

  • Apprehending the necessary mechanisms in order to know, assess, and apply the legislative reforms as well as to follow the changes produced in a concrete subject.
  • Arguing and laying the foundation for the implementation of legal standards.
  • Defending and promoting the essential values of the social and democratic State of Law.
  • Drawing up legal texts (contracts, judgements, sentences, writs, rulings, wills, legislation...).
  • Explaining the legislative reforms and jurisprudential changes.
  • Identifying and solving problems.
  • Integrating the importance of Law as a regulatory system of social relations.
  • Mastering the computing techniques when it comes to obtaining legal information (legislation databases, jurisprudence, bibliography...) and in data communication.
  • Memorising and utilising legal terminology.
  • Negotiating and mediating between different people or institutions in the context of a conflict (between public administrations-administrators, family and child protection related conflicts, between business-workers and their representatives, parties to a case..).
  • Present information in a way that is appropriate to the type of audience.
  • Properly analysing the issues related to equality between men and women.
  • Searching, interpreting and applying legal standards, arguing every case.
  • Students must be capable of communicating their points of view in a compelling way.
  • Students must be capable of demonstrating a critical awareness of the analysis of the legal system and development of legal dialectics.
  • Students must be capable of learning autonomously and having an entrepreneurial spirit.
  • Students must be capable of making decisions.
  • Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
  • Use different information and communication technologies.
  • Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.

Learning Outcomes

  1. Acting in a conflict situation posed as practical work.
  2. Analysing the situation by comparing several collective agreements and watching the historical evolution of these situations.
  3. Applying in combination the principles of hierarchy and most favourable law.
  4. Applying the principle of inalienability of labour rights.
  5. Defining the content and utility of the regulatory and jurisprudential newsletters and databases used in the occupational framework.
  6. Defining the main interpretation and implementation principles of the Labour Law.
  7. 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.
  8. 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.
  9. Describing the mechanisms and legal principles used to balance the relations produced in the scope of implementation of Labour Law.
  10. 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.
  11. Detecting when an equality plan is significantly efficient to achieve equality in the work place.
  12. Drawing up said documents with an appropriate content and style.
  13. Enumerating the means (collective bargaining, social concertation) used for individuals and groups to create the Labour Law.
  14. Explaining and identifying the content and scope of that terminology to others.
  15. Gathering good business related practices.
  16. Identifying and solving problems.
  17. Identifying the databases of commercial nature and knowing how to use them correctly.
  18. 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.
  19. 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.
  20. 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.
  21. Interpreting and comprehending labour regulatory texts, sentences of the labour court and collective agreements.
  22. Interpreting the employment standards in the light of the general rules of interpretation and the pro operario principle.
  23. Knowing the foundations of the legal areas of industrial relations in the specific scenario of Francoism and the Spanish transition to democracy.
  24. Knowing the foundations of the legal areas of industrial relations in the specific scenario of immigration and transnational mobility.
  25. Knowing the foundations of the legal areas of industrial relations in the specific scenario of new technologies and freedom of speech and information.
  26. Knowing the mechanisms that must be applied in every situation.
  27. Present information in a way that is appropriate to the type of audience.
  28. Students must be capable of communicating their points of view in a compelling way.
  29. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  30. Students must be capable of making decisions.
  31. Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
  32. Understanding the specific situations in a collective agreement.
  33. Use different information and communication technologies.
  34. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.

Content

LESSON 1. TRAINING PROCESS AND PURPOSE OF LABOUR LAW
 
1. Process of historical and legal training in Labour Law.
2. Delimitation of the object: Voluntary work performed under subordination and dependence
2.1 Substantive budgets: voluntary, external, subordination and salary retribution
2.2 Adjective budgets: inclusions and exclusions
3. Related cases: execution of works, provision of services and others
4. Self-employment. Modalities. Legal regime.
 
LESSON 2. SUBJECTS OF THE EMPLOYMENT RELATIONSHIP
 
1. The worker
1.1 Concept
1.2 Typology 
1.3 Foreign workers
2. The entrepreneur
2.1 Concept
2.2 Typology
2.3 Business interposition: contracts, subcontracts and the assignment of workers
3. The company and the workplace
3.1 The employment concept of a company
3.2 The workplace
3.3 Enterprise groups
4. The temporary employment agency
4.1 Concept, requirements and public control
4.2 Legal regime of the employment contract
4.3 Provision contract. Worker and user company relations
 
II. SOURCES OF LABOUR LAW AND THEIR APPLICATION
 
LESSON 3 STATE AND AUTONOMOUS SOURCES
 
1. Sources of labour law: regulatory powers and labour standards
2. Constitution and Labour Law
2.1 Constitutionalisation of labour rights
2.2 Labour content of the 1978 Constitution: systematization and guarantees
2.3 Fundamental human rights and labour law. In particular the right to non-discrimination on grounds of sex.
3. The laws
4. Regulatory standards
5. Regulatory powers of the Autonomous Communities
 
LESSON 4 INTERNATIONAL AND COMMUNITY SOURCES
 
1. Internationalization of labour law: international labour standards, typology and internal efficiency
2. The International Labour Organization
2.1 Origins, principles and objectives
2.2 Organizational and functional structure
2.3 The normative role of the ILO: Conventions, Recommendations and Resolutions
3. The European Union
3.1 Economic and social origins, principles and objectives
3.2 The regulatory role of the EU: treaties, regulations and directives
3.3 Community social policy and content of Community social law
4. Other international organizations and their normative action in labour matters.
 
 
LESSON 5 PROFESSIONAL AND OTHER SOURCES
 
1. Collective autonomy: configuration, subjects and manifestations
2. Collective bargaining: configuration, subjects and manifestations
3. Collective agreements:
3.1 Concept
3.2 Typology and nature
3.3 Effectiveness
4. The labor custom
5. General principles of law
6. The jurisprudence
7. The supplementary right
 
LESSON 6 APPLICATION OF LABOUR STANDARDS
 
1. Hierarchy of labour standards and principles of interpretation and application
2. Interpretation of labour standards and pro-worker principle
3. Principles for the application of labour standards
3.1 Concurrence of rules and principle of a more favourable rule
3.2 Temporary succession of rules and most beneficial condition principle
3.3 Principle of the inalienability of workers' rights
4. Application of the rules in time and space
 
III. COLLECTIVE LABOUR LAW
 
LESSON 7 FREEDOM OF ASSOCIATION: GENERAL ASPECTS AND INDIVIDUAL FREEDOM OF ASSOCIATION
 
1. Concept and legal regulation of freedom of association
2. Individual Freedom of Association: Concept
3. Collective Freedom of Association: Concept
4. Individual freedom of association
4.1 Subjective scope: inclusions, exclusions and limitations
4.2 Content: Positive and negative trade union membership rights and the right to trade union activity
 
LESSON 8 COLLECTIVE FREEDOM OF ASSOCIATION: TRADE UNIONS. THE PROTECTION OF FREEDOM OF ASSOCIATION
 
1. The union
1.1 Concept and functions
1.2 Typology
1.3 Legal regime: constitution, status, financing, functioning and responsibilities
2. Trade union representativeness
2.1 Concept and rationale
2.2 Criteria for determining trade union representativeness: state, regional and sectoral levels
2.3 Representation and trade union action
3. Protection of freedom of association
 
LESSON 9 BUSINESS PARTNERSHIPS
 
1. The right of business association: constitutional regime and its normative regulation
2. Business associations
2.1 Concept, functions and typology
2.2 Legal framework: constitution, organisation and operation
3. Representativeness: concept, criteria for determination and recognized attributions
 
LESSON 10 GENERAL CONFIGURATION AND REGULATION OF PARTICIPATION
 
1. General settings
1.1 Workers' participation: trade union representation and action
1.2 Participation in the enterprise: systems and degrees
1.3 Institutional participation: systems and degrees
2. Constitutional regime and regulatory development
3. The unitary representation of workers in the company: personnel delegates and works councils
3.1 Areas of implementation
3.2 Organizational structure and electoral procedure
3.3 Functions and powers
3.4 Guarantees for the performance of its functions
4. Trade union representation of workers in the company: trade union sections and trade union delegates
4.1 Areas of implementation
4.2 Organizational structure
4.3 Functions and powers
4.4 Guarantees for the performance of its functions
5. Other representative bodies. Special consideration in matters of health and safety in the company: prevention delegates and health and safety committees
6. The right of assembly. Assembly of workers
7. Institutional participation.
 
LESSON 11 COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS 
 
1. Collective bargaining: concept, characteristics and foundations
2. Constitutional recognition and policy development
3. Types of negotiable agreements: statutory collective agreements, extra-statutory collective agreements and company agreements
4. The statutory collective agreement
4.1 Concept, classes and efficiency
4.2 Negotiating units: scope, negotiating parties and their negotiating capacity and legitimacy
4.3 Content: delimiter, normative and obligatory. The role of the gender equality plans.
4.4 Negotiation procedure: initiative, communications, constitution of the negotiating committee, deliberation, adoption of agreements, registration, deposit and publication
4.5 Legality check
4.6 Implementation issues: validity, duration, interpretation and concurrence of agreements
4.7 Adhesion and extension
5. Extra-statutory collective agreements
5.1 Concept and rationale
5.2 Classes
5.3 Legal regime. Efficiency
6. Company agreements and pacts 
7. Social concertation: negotiated legislation, social pacts and framework agreements
 
LESSON 12 RIGHT TO STRIKE, LOCKOUT AND COLLECTIVE BARGAINING PROCEDURE
 
1. The Collective Work Conflict: Concept and Classes
2. The strike
2.1 Concept
2.2 Constitutional recognition and normative regulation
2.3 Ownership, modalities, purposes and limits
2.4 Procedure and exercise of the right to strike
2.5 Effects
3. The lockout
3.1 Concept
3.2 Constitutional recognition and normative regulation
3.3 Ownership and causes
3.4 Procedure
3.5 Effects
 
IV. LABOUR ADMINISTRATION AND SOCIAL JURISDICTION
 
LLIÇÓ 13. LABOUR ADMINISTRATION AND SOCIAL JURISDICTION
 
1. L'administració laboral.
1.1. Organisation and competences
1.2 Organic and functional structure of the labour administration: central, peripheral and institutional
1.3 Labour and Social Security Inspectorate
1.4 Labour administration of the Autonomous Communities
1.5. Potestat sanccionadora: infraccions i sancions
2. Social jurisdiction
2.1 Jurisdictional bodies of the social order
2.2 Extension and limits of social jurisdiction.

Activities and Methodology

Title Hours ECTS Learning Outcomes
Type: Directed      
Practical targeted activities 22 0.88 22, 3, 4, 6, 9, 13, 14, 19, 18, 20
Theoretical classes 22 0.88 1, 28, 5, 31, 7, 8, 10, 11, 17, 21, 16, 12, 29, 30, 34, 33
Type: Supervised      
Tutorial 5 0.2 22, 1, 5, 31, 8, 10, 11, 17, 21, 16, 12, 29, 34, 33
Type: Autonomous      
Study 40 1.6 22, 3, 4, 6, 9, 13, 14, 19, 18, 20, 21
preparation of the activities covered in the seminars 50 2

Learning process

The learning process is based on the student's Work, and it is the teacher's mission to help them in this task by providing information and showing them the sources where it can be obtained. The development of the teaching of the subject and the student's learning is based on the following activities:
 
1. Directed activities:
1.1 Master classes: where the student reaches the conceptual bases of the subject and its legal, normative and jurisprudential framework. The master classes are the activities in which less interactivity is required of the student and are conceived as a fundamentally unidirectional method of transmitting knowledge from the teacher to the student.
1.2 Practical classes: students, individually or in small groups, analyse and solve practical cases together with the teacher.
The resolution and debate of the practical cases requires a previous Work of the students, which will consist in the preparation of the basic conceptual elements of the matter to treat and the integral resolution of a case to deliver it and/or to debate it in the classroom. This activity will be oriented to the preparation of the students for the accomplishment of the 4 practical activities of evaluation (obligatory to do and to approve 3).
The basis of the practical Work is the understanding and critical application of the regulations and jurisprudence related to the content of the subject explained in the theoretical classes.
 
2. Supervised activities:
They will consist of tracking the subject and resolving questions, using tutors in a individual way or in group.
 
3. Self-employed activities:
3.1 Search and reading of bibliography, regulations and jurisprudence complementary to the contents of the theoretical classes.
3.2 Practical cases that are elaborated and resolved in the classroom.
3.3 Preparation of summary sheets ofsentences or regulations. Drawing up of diagrams of some sections of the syllabus.
3.4 Search and reading of bibliography and jurisprudence instrumental for the resolution of practical cases.
3.5Evaluable practical cases that are elaborated prior to the resolution in the classroom.

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

Continous Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
EVALUATION 50 2.5 0.1 22, 3, 4, 26, 6, 9, 13, 14, 19, 18, 20, 21
REEVALUATION 50/100 2.5 0.1 22, 1, 28, 5, 31, 7, 8, 10, 11, 17, 21, 16, 12, 29, 30, 34, 33
continuous evaluation of seminars 50 6 0.24 22, 1, 2, 3, 4, 28, 24, 25, 23, 26, 5, 6, 31, 7, 9, 8, 10, 11, 32, 13, 14, 19, 18, 17, 20, 21, 27, 16, 15, 12, 29, 30, 34, 33

1. ORDINARY EVALUATION SYSTEM

This system combines the continuous evaluation of the work done in the seminars and the resolution of a final theoretical exam.

1.1 Continuous evaluation of the work done in the seminars.

The final grade corresponding to the continuous evaluation of the work done in the seminars will be the arithmetic mean of the grades obtained in the four evaluation activities described above in the section "Methodology" (three evaluation activities of thematic block and one evaluation activity on participation and follow-up). In this sense, the thematic block evaluation activities will have a value, as a whole, of 35 or 40 percent of the grade, while participation and follow-up will have a value of 10 or 15 percent of the grade (the specific percentage will be determined by the faculty at the beginning of the semester).

1.2 Ordinary final theoretical exam

Only those who have participated in at least two of the thematic block evaluation activities proposed in the framework of the seminars will be able to take the exam, regardless of the final grade obtained in the continuous evaluation.

The exam will consist of the resolution of between 5 and 10 questions, some of which may correspond to issues addressed through practical activities. Each of the exam questions will be graded from 0 to 10 points. The grade of the exam will be obtained from the average of the total score obtained divided by the number of questions. The grade of the theoretical exam will have the value of 50 per 100 of the overall grade.

The evaluation and re-evaluation exams must be taken on the dates scheduled by the Academic Management and published from the beginning of the course. The evaluation and re-evaluation exams will only be rescheduled when the conditions foreseen in the academic regulations of the UAB are met.

1.3 Grading of the subject in the ordinary evaluation system.

The grade of the course in the ordinary evaluation system will be obtained by taking the arithmetic mean between two grades: the final grade of the continuous evaluation of the work done in the seminars and the grade obtained in the ordinary theoretical final exam. 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 evaluation with a maximum limit of 4 in order to be able to access, if necessary, to the evaluation by compensation.

If, taking into account the above, the arithmetic average reaches a minimum of 5 points out of 10, the course will be considered passed through the ordinary evaluation. Otherwise, it will be possible to take the re-evaluation, where it will only be necessary to examine the part or parts where a minimum score of 5 points has not been obtained in the ordinary evaluation.

2. RE-EVALUATION

Those who have taken part in the ordinary evaluation by participating in at least three of the evaluation activities proposed in the ordinary evaluation system, which must include the final ordinary theoretical exam and at least two thematic block evaluation activities, will have access to the reevaluation.

It will consist of two parts, one theoretical and the other practical, made up respectively by a theoretical exam and a practical exam. Only the part or parts where a minimum score of 5 points has not been obtained in the ordinary evaluation may be examined.

The theoretical re-evaluation exam will have the same format and characteristics as the ordinary final theoretical exam.

The practical exam will consist of the resolution of a practical case with the thematic content corresponding to the subjects covered in the framework of the seminars, similar to those raised in the evaluation activities of the thematic blocks.



The grade of the subject in the re-evaluation will be obtained by taking the arithmetic mean between two grades: the grade obtained in the theoretical re-evaluation exam (or in its case in the final ordinary theoretical exam) and the grade obtained in the practical re-evaluation exam (or in its case the final grade of the continuous evaluation of the work done in the seminars). It will be understood that the practical or seminar part has been passed when a minimum grade of 5 has been obtained in the set of activities integrated by the thematic block evaluations and participation.

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 evaluation or the practical exam with a maximum limit of 4 in order to be able to access, if necessary, to the evaluation by compensation.

If the arithmetic average reaches a minimum of 5 points out of 10, the course will be considered passed through the re-evaluation.

The student will be evaluable as long as he/she has carried out a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade of the subject. If the value of the activities performed does not reach this threshold, the teacher of the subject may consider the student as not evaluable

3. Single evaluation

Persons who have requested and obtained the single evaluation must undergo, on the same day, the following evaluation activities:

3.1. A test questionnaire (20 % of the mark).

Consisting of 20 questions with four possible answers and only one correct answer.

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

It will have the same characteristics as the practical re-evaluation exam described above.

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

It shall have the same characteristics as the ordinary final theoretical examination described in point 1.2.

3.4. Qualification of the course in the single evaluation system

The subject will be considered passed by single evaluation when the sum of the grades obtained in thethree evaluation activities indicated, according to the weight that each case corresponds to, exceeds 5 points out of 10, provided that the grade corresponding to the theoretical exam indicated in point 3.3 is at least 5 points out of 10. If this minimum is not reached the grade will be "fail" and the numerical value corresponding to the theoretical exam expressed in the parameter 0-10.

Those who do not pass the subject by single evaluation will have the right to re-evaluation in the terms specified in section 2.

The  non eligibility for evaluation criterion will be the same as for continuous evaluation.



4. Fraudulent conduct

A person who copies or attempts to copy an evaluation activity will have a 0 in that activity. A person who submits a practical activity in which there is plagiarism will get a 0 and will receive a 0 in that activity.

 

 

 

 

 

 

Bibliography

Recommended bibliography (the compulsory one, if is required) will be specified by the teacher in charge of each group:

  • Alonso Olea, Manuel, Casas Baamonde, María Emilia: Derecho del Trabajo, Ed. Civitas, latest edition.
  • Camps Ruiz, Luis Miguel i Ramírez, Juan Manuel: Derecho del trabajo:  Ed. Tirant lo Blanch, latest edition. Available at the UAB digital library.
  • Cruz Villalón, Jesús: Compendio de Derecho del Trabajo, Ed. Tecnos, Madrid, latest edition.
  • Goertich Peset,José María: Derecho del trabajo,  Ed. Tirant lo Blanch, 8º ed., 2020. Available at the UAB digital library.
  • Martín Valverde, Antonio, Rodríguez-Sañudo, Fermín i García Murcia, Joaquín: Derecho del Trabajo, Ed. Tecnos, latest edition.
  • Mercader Uguina, Jesús.: Lecciones de Derecho del Trabajo, Ed. Tirant lo Blanch, latest edition. Available at the UAB digital library.
  • Montoya Melgar, Alfredo: Derecho del Trabajo, Ed. Tecnos, latest edition.
  • Ramírez Martínez, Juan Manuel: Curso básico de Derecho del trabajo y de la seguridad social, Ed. Tirant lo Blanch, latest edition. Available at the UAB digital library.

Normativa:

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, latest edition

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

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

 


Software

The subjec does not require any specific software.


Language list

Name Group Language Semester Turn
(TE) Theory 1 Catalan first semester morning-mixed
(TE) Theory 2 Catalan first semester morning-mixed
(TE) Theory 51 Spanish first semester afternoon
(TE) Theory 70 Catalan/Spanish first semester morning-mixed