Checking date: 13/06/2022


Course: 2022/2023

Legal framework of the labor market and social protection
(14117)
Bachelor in Economics (2008 Study Plan) (Plan: 145 - Estudio: 202)


Coordinating teacher: GOMEZ ABELLEIRA, FRANCISCO JAVIER

Department assigned to the subject: Social and Private International Law Department

Type: Electives
ECTS Credits: 6.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Introduction to patrimonial law
Objectives
- Distinguish employment contract and related legal concepts. -Identify sources applicable to the employment relationship, particularly the collective agreement. -Know the types of employment contracts and conditions for its provision and determine the legality or illegality of a contract. -Know the business requirement and high social security contributions. -Know the power of direction and limits. -Understand the regulatory framework for working conditions (time, remuneration, occupational hazards, etc..) And determine the legality or illegality of a particular work situation. -To know the vicissitudes of the individual employment relationship and the rights of workers to change. -Know the modes of termination of the employment relationship and their legal effects, including the compensatory ones.
Skills and learning outcomes
Description of contents: programme
I. INTRODUCTION Lesson 1. Social law and economic efficiency 1.- Fields of social law: Employment law, Collective Labour Law and Social Protection 2.- Historical foundations of social law 3.- Markt Failures and efficiency: an economic grounds form labour market regulations Lesson 2. El derecho social en España: Fuentes de su regulación 1.- Basic scheme of sources of the labour market laws and distribution of competences among territorial levels 2.- Rigid framework as a red line: International Treaties, European Laws and Spanish Constitution. 3.- Other statutes and rules easier to modify: Statutes, collective bargaining agreements and other sources of law. II. EMPLOYMENT LAW Lesson 3. Application and interpretation criteria 1.- Principles and rules of employment law 2.- Fundamental Rights Lesson 4. Flexibilidad interna: el derecho y la adaptación a los cambios económicos 1.- General framework: working time and resting time 2.- Part time work and ¿complementary¿ hours 3.- Flexible working time legal and collective bargaining 4.- Changing working conditions: employer management power, ¿substantial¿ modifications and geographical mobility. Lesson 5. Hiring and duality 1.- Temporary hiring and its causality 2.- Legal based costs for fixed term and non-fixed term workers 3.- Cost of employment termination under each kind of contract Lesson 6. Quantitative adjustments 1.- Reasons for the end of employment, a general outline 2.- Internationa treaties and European regulations on dismissals 3.- Individual layoffs: motives and procedures 4.- Layoffs as managerial tool and alternatives in Spanish labour law:m motives 5.- Collective dismissal in Spain 6.- Regulation alternatives and juridical viability: single contract and Austrian fund. III. COLLECTIVE BARGAINING Lesson 7. Subjects in industrial relations 1.- Legal representatives and trade unions: concept and functions 2.- Trade Union¿s Representativeness levels and its effects in Spanish industrial relations system 3.- Employers association Representativeness 4.- Comparative models of Representativeness and their effects Lesson 8. Collective bargaining agreements 1.- Statutory Collective bargaining agreements and other kinds of agreements 2.- Constitutional and international law limits on collective bargaining 3.- Contents and efficacy of Collective bargaining agreements Lesson 9. Effects of collective bargaining agreements 1.- Collective bargaining structure and determination of which one applies 2.- ¿Ultraactivity¿ or the effects of an expired agreement: concept and regulation 3.- Other models of collective bargaining: a comparative analysis and viability in Spanish labour relations system. IV. SOCIAL PROTECTION Lesson 10. Spanish system of social protection 1.- Social Security, social assistance and other ways of protection. 2.- Constitutional elements of the model 3.- Basic concepts on social security 4.- General overview of rights and obligations Lesson 11. Social Security protection system 1.- Unemployment: Active and passive employment policies and alternatives in a comparative perspective. 2.- Older workers: pension scheme. Pension systems in Europe 3.- Other protection areas.
Learning activities and methodology
- Lecture. - Complementary activities: - Practical Cases - Workshops - Tests - Individuals tutorials
Assessment System
  • % end-of-term-examination 0
  • % of continuous assessment (assigments, laboratory, practicals...) 100
Calendar of Continuous assessment
Basic Bibliography
  • Carnard, Catherine. EU Employment Law. Oxford Union Law Library. 2012
  • Gómez Abelleira, F. J. Handbook of Spanish Employment Law. Tecnos. 2012
Recursos electrónicosElectronic Resources *
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The course syllabus may change due academic events or other reasons.