PROGRAMM
Lesson 1. Collective autonomy and labour relationships system
1. Collective autonomy: concept and structural elements
2. Constitutional recognition for the collective autonomy: meaning and scope
3. The three-dimensional structure of the collective autonomy in the Spanish Constitution: The right to freedom of association; the right to collective bargaining; the right to strike and collective actions.
4. Sources of collective labour law.
Lesson 2. The freedom of association
1. Freedom of association as a fundamental right
2. Subjective scope of the right to freedom of association.
3. The content of the right to freedom of association.
4. The right to freedom of association protection
Lesson 3. Trade unions and employers¿ organisations
1. The trade union: concept and creation.
2. Internal functioning elements: legal regime and financial support.
3. The trade union liability.
4. Union representativeness: general concept, selection criteria and preferential status of the most representative unions.
5. Employers¿ organisations: general concept and most representativeness.
Lesson 4. Workers¿ representation and collective action in the workplace
1. Constitutional recognition and legal regulation: the ¿dual channel¿ system of employee representation.
2. Employee-elected representatives: personnel delegate and works council.
3. The election of the employee representatives
4. Union representatives: union section and union delegate.
5. Functions, facilities and legal protection of the representatives.
6. The right of assembly in the workplace.
Lesson 5. The collective bargaining
1. Constitutional recognition of the collective bargaining: meaning and scope
2. Subject scope and content of the right to the collective bargaining.
3. Legal regulation of the right to the collective bargaining.
4. Types of collective agreements.
Lesson 6. The general efficacy collective bargaining structure and content
1. The freedom of choice of the bargaining unit and its limits.
2. The collective bargaining structure and its legal regime: the coordination of different bargaining levels.
3. The collective agreement content: freedom of negotiating and its limits.
4. Possible and minimum content.
5. Normative content and content obligations. The duty of labour peace.
Lesson 7. The collective bargaining dynamic: negotiating, validity and administration of the collective agreement.
1. Bargaining agents: capacity and legitimacy.
2. The procedural requirements of the negotiation. The duty of negotiating.
3. Formalities and legality control: the challenging of a formal collective agreement.
4. The validity of the collective agreement.
5. The administration of the collective agreement.
Lesson 8. Collective disputes (I): The strike.
1. Concept and types of employment disputes. Constitutional regulation of the collective disputes.
2. The manifestation of collective disputes by workers and by employers.
3. Constitutional recognition of the right to strike: subjective scope, content and limits.
4. The right to strike exercise.
5. The prohibition of replacing strikers by the employer.
6. Types of strike. Illegal strikes and unfair strikes.
7. The strike effects.
Lesson 9. Collective disputes (II): The strike in essential services.
1. Limits to the right of strike exercise in essential services: constitutional foundation.
2. The concept of essential services.
3. Determination of the minimum service.
4. The breach of the minimum service and its effects.
Lesson 10. Collective disputes (III): The employer lockout.
1. The lockout: concept and conditions.
2. The lockout in Spain: constitutional doctrine.
3. Reasons for lockout.
4. Lockout procedure and effects.
5. Lockout and essential services.
Lesson 11. Alternative dispute solutions
1. Concept and types. External and autonomous solutions.
2. Non-judicial dispute resolutions: conciliation, mediation and arbitration.
3. Non-judicial dispute resolutions in the Spanish labour law. Particularly, the fifth Agreement on Independent Labour Dispute Resolution (ASAC V).
Lesson 12. Collective autonomy and Public Function.
1. The freedom of association and the right to strike of the public servants.
2. The public servants representation: organisation and functions.
3. The collective bargaining in the Public Function: bargaining agents; structure, content and negotiation procedure; types of agreements and effects.
