PROGRAMME
I. INTRODUCTION
LESSON 1. Fundamental rights and the employment contract. Overview.
1. Fundamental rights in the Spanish Constitution and their protection.
2. Taxonomy of fundamental rights from an employment perspective.
3. Impact of fundamental rights in the employment context and collision between rights. The proportionality test as a reference for the modulation of fundamental rights.
II. NON EMPLOYMENT SPECIFIC FUNDAMENTAL RIGHTS
LESSON 2. The right to employee's own image.
1. Overview
2. Protection from the illegal recording and broadcast of the employee's image.
3. Personal physical appearance and clothing. Restrictions to this right.
LESSON 3. The employee's right to privacy, honour and dignity.
1. The core of the employee's right to privacy.
2. Right to privacy before and during hiring.
3. Privacy protection during the employment relationship.
3.1. Physical and bodily privacy.
3.2. Monitoring and watch measures on employees' work (computer monitoring, videotaping cameras...).
3.3. Monitoring employee's personal behaviour.
3.4. Monitoring the employee's health condition.
LESSON 4. The employee's right to freedom of thought and belief.
1. The employee's right to freedom of thought and belief.
2. Connection and collision with other fundamental rights in the employment context.
3. The exercise of the right to freedom of religion and the fair adaptation to the business organization.
4. The right to object for belief reasons as a part of the right to freedom of thought and belief.
5. Ideological and belief organizations.
LESSON 5. The right to freedom of speech.
1. Manifestations, content and differences. General limits.
2. Limits to the right to freedom of speech in employment contexts:
2.1. The employee's duty of good faith,
2.2. Duty of reserve and discretion,
2.3. Verbal insults and right to honour,
2.4. factors for pondering the right to express criticism.
3. The employee's testimony as one of this right's manifestations.
4. The employee representatives' right to freedom of speech: the meaning of this facility and the duty of confidentiality.
III. THE EQUALITY OF TREATMENT AND NON DISCRIMINATION PRINCIPLE.
LESSON 6. The principle of non discrimination in employment relationships.
1. Contexts of discrimination: in access to employment, during the employment relationship in working conditions and on termination of the employment relationship.
2. Affirmative action (positive or reverse discrimination). Direct an indirect discrimination.
3. The prohibition of discrimination against the employee because of such reasons as:
3.1. Sex or sexual orientation.
3.2. Age.
3.3. Personal circumstances (origin, civil status, social condition or relationship).
3.4. Union membership or adhesion to collective agreements.
IV. EMPLOYMENT SPECIFIC FUNDAMENTAL RIGHTS
LESSON 7. Collective labour rights in an individual dimension.
1. The right to freedom of association in an individual dimension.
2. The strike as an individual right: conditions, limits and consequences.
3. Protection of fundamental rights in collective bargaining. The general binding efficacy of collective agreements.
V. "MODERN" FUNDAMENTAL RIGHTS
LESSON 8. Harassment at work.
1. The sexual harassment. Concept and types: "quid pro quo" and environmental.
2. The psychological harassment or mobbing. Concept and behaviours in the employment relationship.
3. The fundamental rights to the physical and psychological integrity and to the dignity at work, supporting the higher legal protection.
4. Prevention of harassment in the workplace as an occupational risk.
LESSON 9. Employees' data protection.
1. The right to privacy and the personal data's computerized treatment.
2. Fundamental principles: congruency and rationality, consent or self-determination.
3. Sensitive data.
4. Data processing and recruitment.
LESSON 10. The right to education at work.
1. Professional promotion and training.
2. The right of paid leaves of absence for doing exams or professional studies and programs, for choosing shift, for adapting working time.
LESSON 11. The right to safety and health at work.
1.The right to safety and health at work as an autonomous right from the fundamental right to life and physical integrity.
2. The right to life and physical integrity as an absolute fundamental right. The right of resistance.
3. The right to safety and health at work's legal development by the Prevention of Occupational Risks Law.
VI. FUNDAMENTAL RIGHTS PROTECTION
LESSON 12. Judicial protection by labour courts
1. Procedural specialties:
1.1. Discriminatory dismissal as void dismissal,
1.2. change of burden of proof,
1.3. employee's resignation with cause,
1.4. protection measures against employee's harassment.
2. Precedence and summariness of judicial proceedings.
3. Appeal (amparo) before the Constitutional Court.
4. The right to effective judicial protection and no retaliation against the employee.
LESSON 13. Other ways of protection.
1. Administrative protection: violations and penalties.
2. Criminal protection: employer crimes.
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