The aim of this subject is for the student to understand the pillars of the system of liability for damages concerning social law (individual law, collective law and social security law), as well as their regulatory and jurisprudential developments, in both Spain and other countries that share our legal context, particularly in relation to new types of damages whose compensation poses certain difficulties under the traditional framework.
Among the specific competencies is the proficiency of the basic legal terminology regarding civil liability and an understanding of its development in the field of social law. Furthermore, the ability to appreciate the strong connection that exists between substantive law and procedural law and, lastly, the ongoing learning to acquire new knowledge in today's changing society.
Among the generic competencies are the ability to analyse and synthesize, learning to work as a team, the acquisition of written and oral communication skills and the appropriate use of new technologies.
Accordingly, this will allow students to have the proper tools in order to determine, for each case, which civil liability procedure must be followed, the jurisdiction which it falls under, the necessary elements to ensure the success of such procedure and what damages can be claimed for their remediation.
The compulsory subject ¿Civil liability for damages in labour relations¿ broadly touches on the various dimensions of tort law within the context of Social Law. This subject has three essential cores: Civil liability for damages in employment agreements; civil liability for damages in collective labour relations and the issues posed by tort law in the field of social protection and labour risks.
With regards to the first field (damages in employment agreements), the role of civil liability covers from the moments prior to the labour contract ¿pre-contractual breaches, liabilities arising from preliminary agreements¿ up to the termination of the labour relationship ¿when circumstances have been identified where the severance payment may be increased by other payable concepts¿, including damages that may have arisen during the employment relationship ¿ on the basis of the employee or employer having breached their own employment duties. With regard to collective labour relations, collective disputes and their typical expression, in the form of striking, are the appropriate grounds leading to compensatory damages. Finally, in the field of social protection and labour risks, any failure to comply with the law on the prevention of occupational risks is likely to lead to the liability for damages in the event that such infringement has been the cause of damages. For each of these cores it is essential to analyse the peculiarities that the application of the general requirements of tort law raises during its application in the field of labour relations.