Employment and Social Security Law I
Code: 102292 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| Law | OB | 3 |
Contact
- Name:
- Helena Ysas Molinero
- Email:
- helena.ysas@uab.cat
Teachers
- Francisco Javier Sánchez Rodríguez
- David Gutierrez Colominas
- 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: Jessica Romero
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/ Jessica Romero
Sem 701: Helena Ysàs/ Jessica Romero
Sem 512. Ferran Rosell
The teaching of this course will consider the sustainable development goals.
Objectives and Contextualisation
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
- Acting in a conflict situation posed as practical work.
- Analysing the situation by comparing several collective agreements and watching the historical evolution of these situations.
- Applying in combination the principles of hierarchy and most favourable law.
- Applying the principle of inalienability of labour rights.
- Defining the content and utility of the regulatory and jurisprudential newsletters and databases used in the occupational framework.
- Defining the main interpretation and implementation principles of the Labour Law.
- 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.
- 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.
- Describing the mechanisms and legal principles used to balance the relations produced in the scope of implementation of Labour Law.
- 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.
- Detecting when an equality plan is significantly efficient to achieve equality in the work place.
- Drawing up said documents with an appropriate content and style.
- Enumerating the means (collective bargaining, social concertation) used for individuals and groups to create the Labour Law.
- Explaining and identifying the content and scope of that terminology to others.
- Gathering good business related practices.
- Identifying and solving problems.
- Identifying the databases of commercial nature and knowing how to use them correctly.
- 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.
- 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.
- 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.
- Interpreting and comprehending labour regulatory texts, sentences of the labour court and collective agreements.
- Interpreting the employment standards in the light of the general rules of interpretation and the pro operario principle.
- Knowing the foundations of the legal areas of industrial relations in the specific scenario of Francoism and the Spanish transition to democracy.
- Knowing the foundations of the legal areas of industrial relations in the specific scenario of immigration and transnational mobility.
- Knowing the foundations of the legal areas of industrial relations in the specific scenario of new technologies and freedom of speech and information.
- Knowing the mechanisms that must be applied in every situation.
- Present information in a way that is appropriate to the type of audience.
- Students must be capable of communicating their points of view in a compelling way.
- 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.
- Understanding the specific situations in a collective agreement.
- 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.
Content
LESSON 1. PROCESS OF FORMATION, CONCEPT, FUNCTION AND CHARACTERISTICS OF LABOUR LAW
1. Historical-legal formation process of Labour Law
2. Concept of Labour Law
3. Characteristics and functions of Labour Law
LESSON 2. OBJECT OF LABOUR LAW
1. Delimitation of the object: voluntary work provided under a regime of subordination and dependence.
1.1. Characteristics of the service: voluntariness, subordination, working for someone else and wage remuneration.
1.2 Express exclusions
1.3. Inclusions: special employment relationships (reference to the DTSS II).
2. Related cases: provision of services and others.
3. Self-employment. Modalities. Legal regime.
LESSON 3. PARTIES TO THE EMPLOYMENT RELATIONSHIP
1. The worker
1.1 Concept
1.2 Typology
1.3. Capacity requirements.
1.3 Foreign workers.
2. The employer
2.1 Concept
2.2 Typology
3. The enterprise and the work center
3.1 The concept of the enterprise under labour law
3.2 The work center
3.3 Group of companies for employment purposes
4. Company interposition and related concepts
4.1. Temporary employment agency.
4.2. Outsourcing.
II. SOURCES OF LABOUR LAW AND THEIR APPLICATION
LESSON 4. INTERNATIONAL AND EUROPEAN UNION SOURCES
1. Internationalisation of labour law: international labour standards, typology and internal effectiveness.
2. The International Labour Organisation and its normative function: Conventions, Recommendations and Resolutions.
3. The European Union
3.1 The EU's standard-setting function: treaties, regulations and directives
3.2 EU social policy and the content of EU social law
4. Other international organisations and their normative action in labour matters.
LESSON 5. STATE SOURCES
1. Sourcesof Labour Law: regulatory powers and labour regulations
2. Spanish Constitution and Labour Law
2.1 Constitutionalisation of Labour Rights
2.2 Labour content of the 1978 Constitution: systematisation and guarantees
2.3 Personal dignity, equality and non-discrimination on the grounds of sex and effectiveness of fundamental rights in the employment relationship.
3. Law and regulations in labour law
4. Regulatory power of the Autonomous Communities
LESSON 6. PROFESSIONAL AND OTHER SOURCES
1. Collective autonomy: configuration, parties and manifestations.
2. Collective bargaining and collective agreements.
3. Labour custom
5. Value of case law
LESSON 7. APPLICATION OF LABOUR REGULATIONS
1. Hierarchy of labour standards and principles of interpretation and application.
2. Interpretation of labour standards and the pro-worker principle
3. Principles of application of labour standards
3.1 Concurrence of rules and the most favourable rule principle
3.2 Temporal succession of rules and effects on the employment relationship
3.3 Most favourable condition.
3.3 Non-waivability of the worker's rights.
4. Application of the rules in time and space
III. COLLECTIVE LABOUR LAW
LECTION 8 GENERAL CONFIGURATION AND REGULATION OF PARTICIPATION. UNITARY REPRESENTATION
1. Workers' participation: trade union representation and action
2. Constitutional regime and normative development
3. The unitary representation of workers in the company: personnel delegates and works councils
3.1 Areas of implementation
3.2 Organisational structure and electoral procedure
3.3 Functions and competences
3.4 Guarantees for the exercise of their duties
LESSON 9. FREEDOM OF ASSOCIATION: GENERAL ASPECTS AND INDIVIDUAL FREEDOM OF ASSOCIATION
1. Concept and legal regulation of freedom of association
2. Individual and collective freedom of association
3. Individual freedom of association
4.1 Subjective scope: inclusions, exclusions and limitations
4.2 Content: rights of positive and negative trade union membership and the right to trade union activity.
LESSON 10 COLLECTIVE FREEDOM OF ASSOCIATION: THE TRADE UNION. THE PROTECTION OF FREEDOM OF ASSOCIATION
1. The trade union
1.1 Concept and functions
1.2 Typology
1.3 Legal regime: constitution, statute, financing, functioning and responsibilities.
2. Trade union representativeness
2.1 Concept and foundations
2.2 Criteria for determining trade union representativeness: national, regional and sectoral levels
2.3 Trade union representativeness and trade union action
3. The protection of trade union freedom of association
LESSON 11 EMPLOYERS' ASSOCIATIONS
1. The right to constitute employers’ associations: constitutional regime and its normative regulation.
2. Employers’ associations
2.1 Concept, functions and typology
2.2 Legal regime: incorporation, organisation and functioning
3. Representativeness: concept, criteria for determination and recognised attributions.
LECTION 12 TRADE UNION REPRESENTATION IN THE COMPANY AND OTHER FORMS AND BODIES OF PARTICIPATION
1 Trade union section: concept, scope of establishment, functions and guarantees
2 Trade union representative
2.1 Organisational structure
2.2 Functions and powers
2.3 Guarantees for the exercise of their functions
3.5. Other representative bodies. Special consideration to health and safety matters: prevention delegates and health and safety committees.
4.. The right of assembly. Workers' assemblies
5. Institutional participation
LECTION 13 COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS
1. Collective bargaining: concept and foundations
2. Constitutional recognition and regulatory development
3. Types of negotiable agreements: statutory collective agreements, extra-statutory collective agreements, and company agreements.
4. The statutory collective agreement
4.1 Concept, types and effectiveness
4.2 Bargaining units: scope, bargaining parties and their bargaining capacity and standing to negotiate
4.3 Content of the collective agreement. The role of 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 control
4.6 Application issues: validity, duration, interpretation and concurrence of agreements.
4.7 Accession and extension
5. Non-statutory collective agreements
6. Company agreements and pacts
7. Social concertation: negotiated legislation, social pacts and framework agreements
LESSON 14. CONFLICT RELATIONS: RIGHT TO STRIKE, LOCKOUT, DISPUTE SETTLEMENT PROCEDURES
1. Collective labour disputes: concept and types of disputes
2. Strike action
2.1 The concept of strike action
2.2 Constitutional recognition and regulatory framework
2.3 Entitlement, modalities, aims 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 Entitlement and causes
3.4 Procedure
3.5 Effects
4. Settlement procedures
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Practical targeted activities | 22 | 0.88 | 3, 4, 6, 9, 13, 14, 19, 18, 20, 22 |
| 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 | 1, 5, 31, 8, 10, 11, 17, 21, 22, 16, 12, 29, 34, 33 |
| Type: Autonomous | |||
| preparation of the activities covered in the seminars | 50 | 2 | |
| Study | 40 | 1.6 | 3, 4, 6, 9, 13, 14, 19, 18, 20, 21, 22 |
Learning process
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.
They will consist of tracking the subject and resolving questions, using tutors in a individual way or in group.
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.
3.4 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 |
|---|---|---|---|---|
| continuous evaluation of seminars | 50 | 6 | 0.24 | 1, 2, 3, 4, 28, 25, 23, 24, 26, 5, 6, 31, 7, 9, 8, 10, 11, 32, 13, 14, 19, 18, 17, 20, 21, 22, 27, 16, 15, 12, 29, 30, 34, 33 |
| EVALUATION | 50 | 2.5 | 0.1 | 3, 4, 26, 6, 9, 13, 14, 19, 18, 20, 21, 22 |
| REEVALUATION | 50/100 | 2.5 | 0.1 | 1, 28, 5, 31, 7, 8, 10, 11, 17, 21, 22, 16, 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 mean of the three evaluation activities of thematic block and the evaluation activity on participation and follow-up, previously defined in "Methodology". 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) andthe 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.
5- 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.
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.
- Fabregat Monfort, Gemma (Dir.) Bohigues Esparza, María Desamparados (Coord.): GPS Laboral, Tirant lo Blanch, latest edition. Available at the UAB digital library.
- 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.
- Matorras Díaz-Caneja, Ana; Molero Manglano, Carlos; López Álvarez, María José; Sánchez-Cervera Valdés, José Manuel: Manual de Derecho del Trabajo, Tirant lo Blanch, latest edition. Available at the UAB digital library.
- 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¬a=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 course does not require any specific software.
Groups and Languages
Please note that this information is provisional until 30 November 2025. You can check it through this link. To consult the language you will need to enter the CODE of the subject.
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (SEM30) Seminaris (30 estudiants per grup) | 11 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 12 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 13 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 21 | Spanish | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 22 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 23 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 511 | Spanish | first semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 512 | Spanish | first semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 513 | Spanish | first semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 701 | Catalan/Spanish | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 702 | Catalan | first semester | morning-mixed |
| (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 | first semester | morning-mixed |