Trade Union Law

- To obtain theoretical and practical knowledge on the functioning of collective bargaining in the company. - To obtain theoretical and practical knowledge on the functioning and particularities of conflict in the company as well as its management. - The student will end up understanding how important is this subject in connection with the other subjects in this Bachelor. - The student will acquire several skills to find legislation, collective agreements, case law and bibliography.

Unit 1. The framework of collective bargaining in Spain. 1.- Concept and functions of collective bargaining. 2.- Constitutional and legal recognition of the right to collective bargaining. Unit 2. The collective bargaining agreement as a result of collective bargaining. 1.- Classification and typology of collective agreements and collective bargaining agreements. Study of the different manifestations of collective bargaining in the company. 2.- Choice of bargaining unit and applicable collective agreement: structure of collective bargaining and concurrence of agreements. 3.- Analysis of the structure of collective bargaining in Spain. Advantages and disadvantages of collective bargaining in the company and in the sector. Unit 3. Analysis of the content of the collective agreement. 1.- The mandatory content of the agreement and its scope. 2.- Structure of the content of the collective agreement: the possible content of the agreement. 3.- The role of collective bargaining in the regulation of working conditions and other noteworthy aspects (equality, conciliation, new technologies, trade union rights, sanctioning system or occupational risk prevention). Unit 4. The internal workings of collective bargaining in the company: drafting, validity and application of the agreement. 1.- Negotiating parties: difficulties of legitimisation in traditional and new forms of business. 2.- The different phases of the negotiation procedure: legal problems. 3.- Formal requirements, control of legality and challenges to the agreement. 4.- Adherence to and extension of the collective agreement. 5.- The duration of the agreement: ordinary duration and ultraactivity. 6.- The application and interpretation of the agreement: the role of the joint committee. Unit 5. Collective conflict measures 1.- Constitutional recognition and typology. 2.- Measures of collective conflict of the workers: specialised analysis of the strike and its manifestations and practical implications. 3.- Management of the strike by the company. Legal and practical problems arising from the collision between the fundamental right and the freedom of enterprise. 4.- Measures of collective business conflict: specialised analysis of the lockout and its manifestations and practical implications. 5.- Collective disputes in public sector companies: the special impact on essential services and their consequences. Unit 6. Means of out-of-court settlement of collective disputes. 1.- Autonomous and heteronomous means of settlement. 2.- Analysis of collective disputes within companies with customary out-of-court settlements. 3.- State agreement and autonomous regional agreements for the out-of-court settlement of labour disputes. 4.- The means of conflict resolution established in collective agreements.

Learning activities: Face-to-face classes: reduced (workshops, seminars, case studies, student individual work, ...) Methodology: Practical learning based on cases and problems, and exercise resolution Individual and group or cooperative work with the option of oral or written presentation Individual and group tutorials to resolve doubts and queries about the subject. The tutoring system will be established by the professor.