Instruments for the Legal Management of Company Responsibility and Procedural Management
Code: 44067 ECTS Credits: 15| Degree | Type | Year |
|---|---|---|
| 4313301 Social and Labour Rights | OB | 0 |
Contact
- Name:
- Ricardo Esteban Legarreta
- Email:
- ricardo.esteban@uab.cat
Teachers
- Jaume Gonzalez Calvet
- Miguel Angel Sanchez Huete
- Vidal Aragones Chicharro
- Miguel Angel Purcalla Bonilla
- Jose Caņabate Perez
- Esther Virgili Moreno
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
In order to achieve a usefull attendance to the classes it is advisable to have a basic knowledge of the legal framework related to the different issues on the course.
Objectives and Contextualisation
Aims of the course
The central goal of this course is to deal with a set of key materials of in the performance of a labour advisor or a person in charge of human resources in a company. In this sense, the course combines a selection of more classic and central aspects as procedural labour law, workplace hazard prevention, the calculation of compensation paid by the employer, with other more current issues such as the impact of the sharing economy on labour regulations,gender and equality at work, the regulations of self-employment or corporate social responsibility, the international mobility of workers and the management of personal data protection in the field of human resources. Finally, there is also an approach to the taxation of wages and compensation.
So, the global aim of this coure would be to provide students with some tools allowing them a proper and an updated management of/advise on human resources in the company.
Competences
- Apply legal techniques for decision-making in personnel management.
- Apply systems, media and technologies for obtaining and providing information in one's profession or research.
- Apply techniques of socio-occupational auditing to take decisions regarding personnel management, acknowledging and orienting the needs of the persons in one's workplace.
- Continue the learning process, to a large extent autonomously.
- Evaluate the fiscal aspects of CSR and its effect on human resources, knowing and applying the code of good tax practice.
- Identify and apply case law and constitutional doctrine on basic labour rights, especially on the treatment of diversity within companies.
- Identify and apply corporate social responsibility in various contexts: flexibility of labour, social policies and active labour market policies .
- Lead interdisciplinary teams in varying environments.
- Look for new areas to open up within the field.
- Recognise the human, economic, legal and ethical dimension in professional practice.
- Solve problems in new or little-known situations within broader (or multidisciplinary) contexts related to the field of study.
- Use acquired knowledge as a basis for originality in the application of ideas, often in a research context.
Learning Outcomes
- Apply fiscal regulations in the corporate framework.
- Apply flexicurity in the new corporate environments.
- Apply socio-occupational auditing techniques.
- Apply systems to enable the reconciliation of work and family life.
- Apply systems, media and technologies for obtaining and providing information in one's profession or research.
- Continue the learning process, to a large extent autonomously.
- Document strategies for socially responsible action.
- Draw up Equality Plans to be negotiated within the company.
- Draw up fiscal strategies for social responsibility in businesses and other organisations.
- Draw up plans to promote family planning and sharing of responsibilities in the care of children.
- Empirically assess flexicurity in the new organisational structure of European business.
- Formulate proposals to adapt corporate needs to workers' basic rights, especially that of religious freedom.
- Formulate proposals to improve planning and human resources policies, detecting changes and problems and planning the processes and policies of the future.
- Formulate reasonable hypotheses on the impact of flexicurity in businesses as a manifestation of corporate social responsibility.
- Know constitutional doctrine on gender equality and discrimination for personal, social, religious, or cultural reasons.
- Lead interdisciplinary teams in varying environments.
- Look for new areas to open up within the field.
- Prepare the fiscal documents and design strategies for fiscal matters.
- Recognise the human, economic, legal and ethical dimension in professional practice.
- Reflect on social and ethical responsibilities associated with the corporate environment.
- Solve problems in new or little-known situations within broader (or multidisciplinary) contexts related to the field of study.
- Use acquired knowledge as a basis for originality in the application of ideas, often in a research context.
Content
1. Labour procedural law
2. Workplace hazard prevention
3. Calculation of compensations
4. Self-employment, gig economy and Labour Law.
5. Corporate social responsibility in the labour field. General issues.
6. Specific areas of CSR: gender viewpoint in labour relations, disability, Whistleblowing.
7. Gender and mandatory equality at work. Equality plans and the right to equal pay.
8. Transnational mobility of workers.
9. Management of personal data protection
10. Taxation of salaries, non-wage items and employee compensations
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Master classes | 52 | 2.08 | 15, 22 |
| Practical activities | 24 | 0.96 | 1, 3, 4, 6, 7, 9, 12, 13, 17, 18, 19, 22 |
| Talks | 4 | 0.16 | 3, 7, 17, 19, 21, 22 |
| Type: Supervised | |||
| Resolution of practical cases and the preparation of legal documents | 37.5 | 1.5 | 1, 2, 3, 4, 6, 10, 11, 14, 16, 18, 19, 20, 21 |
| Search and reading of bibliography | 20 | 0.8 | 6, 15, 22 |
| Search and reading of legal documentation (case-law, regulations, administrative resolutions, collective agreements, etc.), | 15 | 0.6 | 3, 6, 7, 15, 16, 18 |
| Type: Autonomous | |||
| Search and reading of bibliography | 40 | 1.6 | 6, 15, 22 |
| Study | 120 | 4.8 | 6, 15, 22 |
| Elaboration of schemes and summaries | 60 | 2.4 | 6, 15, 20, 22 |
1) Directed activities
They are those that are developed in the classroom, in the schedules foreseen for the course and under the direction of the teacher in charge. Three types of activities are planned: a) master classes, in which the teacher will present and develop different key points of the syllabus; b) conferences, in which specialists from the academic or professional field will analyse current issues; and c) practical activities, consisting of the resolution of practical cases or questionnaires and their oral or written presentation, based on the work carried out by the student body prior to the face-to-face session. Through this last kind of directed activities, between four and six continuous assessment activities will be carried out, with the value that will later be specified.
2) Supervised activities
Within the framework of this course, the most common tasks will be the search and analysis of legal documentation (case-law, regulations, administrative resolutions, collective agreements, etc.), the search and reading of bibliography, the resolution of practical cases and the preparation of legal documents, all linked to practical activities, through which the work carried out by the students will be supervised.
3) Autonomous activities
These activities are all those in which students organise their time and effort autonomously, individually or in a group, such as for example the search and reading of bibliography, the elaboration of schemes and summaries or the study. Within the framework of this course, the autonomous activities, which are essentially linked to the preparation and passing of the final exam, constitute an important section in the learning process, especially in the master's degree, in which the maturity of the student allows for greater solvency and exploitation of the autonomous activities.
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 |
|---|---|---|---|---|
| Continuous assessment activities | 45 per 100 | 0 | 0 | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21 |
| Final exam | 40 per 100 | 2.5 | 0.1 | 1, 15, 19, 20, 22 |
Assessment will be based on three items: a) continuous assessment activities b) attendance and c) a final exam
With regard to the continuous assessment activities, these will be of a short kind and they will be carried out within the framework of the face-to-face seminars. They will consist on the resolution of practical cases, the resolution of questionnaires and/or the writing of papers. Students will do six continuous assessment activities, that will amount to the 45% of the mark..
Attendance Students must attend at least, 80% of the hours of the course. Within this margin, in case of few absences, a slight penalty is foreseen in the final mark. Thus, the nature of master's degree teaching, the limited number of students and the teaching dynamics points to the importance of the attendance at the scheduled sessions. Class attendance will be worth a maximum of 15% of the mark.
Finally, the exam will be worth 40 per cent of the mark. Before the end of the face-to-face sessions, precise indications will be given on the exam, namely on the number and kind of qüestions.
Students who do not pass the course through the assessment system described before will have a retake, similiar to the previous exam, as a second chance to pass the course.
Only assesment is not available in this subject
Bibliography
FERNÁNDEZ AMOR, José Antonio, y GALA DURÁN, Carolina.: La responsabilidad social empresarial: un nuevo reto para el Derecho, Madrid, Marcial Pons, 2009.
GONZÁLEZ CALVET, Jaume.: Las indemnizaciones por accidente de trabajo en base al nuevo baremo de trafico, Barcelona, Bosch, 2018.
MERCADER UGUINA, Jesús.: Lecciones de Derecho del Trabajo, Ed. Tirant lo Blanch, última edició. Disponible a la biblioteca digital de la UAB.
Further bibliography (papers, reports and other documents) will be provided by the teaching staff by means of virtual campus.
Software
The course does not require any specific software.
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (TEm) Theory (master) | 1 | Spanish | second semester | afternoon |