Checking date: 10/05/2022

Course: 2022/2023

Individual labour relations and trade union law
Study: Bachelor in Law (206)

Coordinating teacher: CORREA CARRASCO, MANUEL

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

Type: Compulsory
ECTS Credits: 6.0 ECTS


Requirements (Subjects that are assumed to be known)
- Constitution and System of Sources - Introduction to Civil Law and Personal Law - Contract Law - Law of Obligations and Tort Law - Entrepreneurs and their Legal Status
Skills and learning outcomes
Description of contents: programme
Topic 1. Constitutional foundations of the labour relations system. Sources of the labour code. 1. Contextualization of Labour Law. Concept of Labour Law. 2. Sources of labour Law. 2.1. The international legal regime of work. Law and regulatory power in the labour code. 2.2. Collective bargaining: the collective agreement. 3. Relations between state norms and the collective agreement. 4. Principles of application of labour standards. Topic 2. Scope of Labour Law. Common and special employment relations. Self-employed work. 1. Clarifications on the concept of worker. 1.1. Employment related assumptions. 1.2 Activities excluded from labour legislation. 2. Labour relations of a special nature. 3. Self-employed work. Topic 3. Entrepreneur, employer, and company. 1. Entrepreneur: concept and types. 2. Company and work centre. 3. Groups of companies. 4. Productive decentralization, subcontracting, and contract work. 5. Transfer of workers. 6. Temporary employment agencies. Topic 4. The employment contract. Contract modalities. 1. The employment contract: Characterizing traits. 2. Capacity and requirements for concluding an employment contract. 3. The formalization of the employment contract and the trial period. 4. Permanent contracts. Structural temporary contracts. 5. Training contracts. 6. Provisions common to temporary hiring. Topic 5. Basic labour rights and duties of the worker. 1. Basic labour rights of the worker. 2. The integration of fundamental rights in the employment contract. Special reference to the right to equality and non-discrimination. 3. The basic duties of the worker. Good faith and duty not to compete with the activity of the company. Topic 6. The determination of the provision of services. The power of management and control of the labour activity. 1. Professional classification. 2. The power of business management. 2.1. Ius variandi. 2.2. Functional mobility. 3. The place of work. Geographical mobility. 4. The control power of the employer. Disciplinary power in the company. Topic 7. The time of work. 1. The ordinary working day and Working hours. 2. Overtime. 3. Breaks. 4. Special days. 5. Reduction of working hours. 6. Part-time contracts. Topic 8. The worker¿s salary. 1. Concept and structure of salary. 2. Sources of salary determination. 3. Time, place and form of salary payment. 4. Protection of the salary. Topic 9. Objective and subjective modifications of work. Interruptions and suspension of the work contract. 1. Objective modifications: substantial change in working conditions. 2. Subjective modifications: change of ownership of the company. 3. Non-periodic interruptions of work. 4. The suspension of the employment contract: causes and effects. 5. Leave of absence. Topic 10. The termination of the employment contract. 1. Concept and typology of the causes of termination of the employment contract. 2. Termination by joint will of the parties. 3. Termination of the contract due to disappearance, retirement, or incapacity of the worker. 4. Termination of the contract due to disappearance, retirement, or incapacity of the employer. 5. Termination by the will of the worker. 6. Agreements and formalities common to different types of termination. Topic 11. Dismissal. 1. Termination by the will of the employer: dismissal. 2. Disciplinary dismissal of the worker. 3. Dismissal for objective reasons. 4. Collective dismissals. Topic 12. Freedom of association and the right to business association. 1. Collective autonomy and its manifestations. 2. Ownership of the right to freedom of association. The individual and collective content of freedom of association. 3. The protection of freedom of association. 4. The union: concept, constitution, and responsibility. 5. The Spanish model of representation. 6. Business associationism. Topic 13. Representation and participation of workers in the company. 1. Unitary representation bodies: work councils and personnel delegates. 2. Competencies and guarantees of the delegates of personnel, and work committees. 3. Union sections and union delegates. 4. The right of workers to meet in the company. 5. The right of participation of public officials. Topic 14. Collective bargaining: models, subjects, and content. 1. The types of collective agreements. 2. The collective agreement of general effectiveness. 3. The scope of the collective agreement. 4. The negotiating parties. 5. The negotiation procedure. 6. The content of the negotiation. Topic 15. Measures of collective conflict and out-of-court dispute resolution mechanisms. 1. Collective conflict measures. 2. Constitutional recognition and typology. 3. The strike: ownership and exercise. 3.1. Types or modalities of strikes. Procedure for exercising the right to strike. 3.2. Limits on the exercise of the right to strike. The legal effects of striking 4. The strike and essential services for the community. 5. Lockouts. 6. Out-of-court dispute resolution mechanisms.
Learning activities and methodology
TRAINING ACTIVITIES: THEORETICAL-PRACTICAL CLASSES. These will present the knowledge that students should acquire. Students will receive class notes and will have basic reference texts to facilitate the follow-up of the classes and the development of the subsequent work. Students will solve exercises and practical problems, and workshops will be held to acquire necessary skills. TUTORING. Individual assistance (individual tutorials) or group assistance (collective tutorials) given to students by the teacher. INDIVIDUAL OR GROUP STUDENT WORK. TEACHING METHODOLOGY: THEORY CLASSES. Presentations in the teacher's class with support of computer and audio-visual media, in which the main concepts of the subject are developed, and materials and bibliography are provided to complement the students' learning. PRACTICE. Individual or group resolution of practical cases, problems, etc. raised by the teacher. TUTORING. Individual assistance (individual tutorials) or group assistance (collective tutorials) given to students by the teacher.
Assessment System
  • % end-of-term-examination 50
  • % of continuous assessment (assigments, laboratory, practicals...) 50
Calendar of Continuous assessment
Basic Bibliography
  • CATHERINE BARNARD.. EU Employment Law.. Oxford European Union Law Library. . 2012 (Fourth Edition).
  • DUNLOP, J. T.. Industrial Relations Systems.. Arcturus books edition, in Paperback.. 1978.
  • DUNLOP, J. T.. Industrial Relations Systems, Revised edition.. Harvard business school press, Boston.. 1993.
  • GÓMEZ ABELLEIRA, F.J.. Handbook of Spanish Employment Law. . Tecnos. . 2012.
Additional Bibliography
  • PAUL M. SECUNDA/JEFFREY M. HIRSCH., . Labor Law: A problem Based Approach.. LexisNexis.. 2012.
  • ROGER BLANPAIN/SUSAN BISOM-RAPP/WILLIAM R. CORBETT/HILARY K. JOSEPHS/MICHAEL J. ZIMMER., . The Global Workplace: International and Comparative Employment Law Cases and Materials.. Cambridge.. 2012.
  • RON BROWN.,. East Asian Labor and Employment Law: International and Comparative Context. . Cambridge.. 2012.

The course syllabus may change due academic events or other reasons.