|
Type A
|
Code |
Competences Specific | | | DRET-CE1 |
Utilitzar principis jurídics i valors fonamentals com a instrument de treball en la interpretació de l’ordenament jurídic |
| | DRET-CE2 |
Identificar, interpretar i utilitzar les fonts jurídiques internes, europees, internacionals i comparades |
| | DRET-CE8 |
Reconèixer el caràcter unitari de l’ordenament jurídic i la interdisciplinarietat dels problemes jurídics |
|
Type B
|
Code |
Competences Transversal |
|
Type C
|
Code |
Competences Nuclear |
|
Type A
|
Code |
Learning outcomes |
| | DRET-CE1 |
Genèric
| | | DRET-CE2 |
Analitza, interpreta i aplica les diverses fonts del nostre ordenament en les seves dimensions local, autonòmica, estatal, comunitària i internacional
| | | DRET-CE8 |
Comprèn la necessària interrelació existent entre els diferents àmbits del Dret, sense perdre de vista el caràcter unitari de l’ordenament jurídic
|
|
Type B
|
Code |
Learning outcomes |
|
Type C
|
Code |
Learning outcomes |
| Topic |
Sub-topic |
BLOCK I: INDIVIDUAL LABOR LAW
TOPIC 1. THE CONCEPT AND SCOPE OF LABOR LAW |
1. Work as an object of Labor Law
2. Concept and definition of the employment contract
2.1 Identification notes of the labour relationship
2.2 Declaratory and constitutive exclusions on the employment contract
2.3 Labor relations of a special nature |
| TOPIC 2. THE SOURCES OF LABOR LAW |
1. International labor sources
2. National labor sources
2.1 The Spanish Constitution: content and competences in matters of Labor Law and Social Security
2.2 State labor regulations
2.3 The collective agreement
2.4 The employment contract
2.5 Customs and labor practices |
| TOPIC 3. THE APPLICATION, INTERPRETATION AND VALIDITY OF THE LABOR RULES |
1. Principles of application of labor standards
2. The interpretation of labor regulations and the in dubio pro operario principle
3. The validity of labor regulations
4. The determination of the law applicable to the individual international employment contract |
| TOPIC 4. PARTS, TRAINING AND ACCESSORY AGREEMENTS OF THE EMPLOYMENT CONTRACT |
1. The parties to the employment contract
1.1 The employer
1.1.1 Difference between company, employer, employer and workplace
1.1.2. The group of companies
1.1.3 Ability to hire
1.1.4. Freedom of contract and its limits
1.2 The employee
1.2.1. Ability to work
1.2.2 Hiring of foreign people
2. The formation of the employment contract
2.1 Capacity, object, cause and consent in the employment contract
2.2 Validity and nullity of the employment contract
2.3 The form in the employment contract. Presumption of existence of the employment contract. The basic copy of the employment contract.
2.4 Condition and term
2.5 The trial period
3. Agreements ancillary to the employment contract
3.1 Agreement of full dedication
3.2 Agreement of permanence in the company
3.3 Post-contractual non-competition agreement |
| TOPIC 5. THE MODALITIES AND TYPES OF EMPLOYMENT CONTRACT |
1. The indefinite contract
1.1 The common or ordinary indefinite contract
1.2 The indefinite fixed discontinuous contract
2. Temporary employment
2.1 Common principles and rules of temporary employment
2.2 Typology of temporary contracts
2.2.1 The contract due to production circumstances
2.2.1.1 Occasional and unforeseeable situations
2.2.1.2 Occasional and foreseeable situations
2.2.2 The contract for substitution
3. Training recruitment
3.1 Training employment contracts vs. non-work practices
3.2 Non-work practices
3.3 Training employment contracts
3.3.1 Common principles and rules of training employment contracts
3.3.2 Typology
3.3.2.1 The training employment contract with alternation
3.3.2.2 The training employment contract for obtaining professional practice
4. The part-time contract
5. The hand-over/relay contract
6. Remote work and telecommuting |
| TOPIC 6. LABOR ASPECTS OF BUSINESS FRAGMENTATION AND OUTSOURCING |
1. Advantages and risks of business fragmentation and outsourcing
2. Multi-service companies and platform economy ('crowdsourcing' and 'on-demand work')
3. Main responses to business fragmentation and outsorcing in Spanish Labor Law
3.1 Contracts and subcontracts for works and services
3.2 Assignment of workers
3.2.1 Illegal assignment of workers
3.2.2 Legal assignment of workers and temporary work agencies (TEA)
3.3 Transfer of undertakings |
| TOPIC 7. THE RIGHTS AND DUTIES OF THE PARTIES TO THE EMPLOYMENT CONTRACT AND THE POWERS OF THE EMPLOYER |
1. The rights and duties of the employee
1.1 Basic rights
1.2 Duty of work and duty of obedience
1.3 Duty of care: due performance, collaboration and contribution to improving productivity
1.4 Duty of good faith
1.5 Prohibition of unfair competition and/or post-contractual non-competition agreement
1.6 Agreement of full dedication and agreement of permanence (remission)
2. The powers of the employer
2.1 Basics of the employer's powers
2.2 Faculty of direction, control and disciplinary: concept and substantive and procedural limits of its exercise
3. The duties of the employer
3.1 Duty of effective employment and timely remuneration
3.2 Duty of promotion and professional training of employees
3.3 The employer and the employee's fundamental rights
3.3.1 Decent and non-discriminatory treatment
3.3.2 Promotion of equality between women and men in the company and equality plans
3.3.3 Equality and non-discrimination and LGBTI and trans people
3.3.4 Right to privacy, right to protection of personal data and right to secrecy of communications
3.3.5 Other fundamental rights. The indemnity guarantee.
3.3.6 Reporting channels for regulatory violations and the fight against corruption and whistleblower protection
4. Health and safety rights and duties at work of the employer and the employee |
| TOPIC 8. THE TEMPORAL DETERMINATION OF THE PROVISION OF SERVICES |
1. Day and working hours. Daily record of the day. Irregular distribution of the day.
2. Overtime. Additional hours (remission).
3. Night work and night employees. Shift work
4. Punctual interruptions of the labor benefit
5. Reduction and adaptation of working hours
6. Weekly rest. Labor holidays. Work calendar annual leave.
7. Right to digital disconnection at work |
| TOPIC 9. REMUNERATION AND SALARY |
1. Concept of remuneration vs. salary concept The salary presumption. Extra-salary benefits.
2. The salary
2.1 Gross salary vs. net salary
2.2 The determination of the salary amount
2.2.1 The interprofessional minimum wage (IMW)
2.2.2 Equal pay due to gender
2.2.3 Double salary scales
2.2.4 Compensation and absorption
2.3 Typology
2.4 Salary structure: base salary and supplements
2.5 Form and place of salary. The supporting receipt and its functions.
2.6 The periodicity of the salary. Advances and punctuality.
2.7 The protection of salary credit
2.7.1 Late payment surcharge
2.7.2 Bankruptcy and non-bankruptcy situation
2.7.3 Ineligibility
2.7.4 The Salary Guarantee Fund ('FOGASA') |
| TOPIC 10. NOVATION AND VICISSITUDES OF THE EMPLOYMENT CONTRACT |
1. The novation of the employment contract and the reinforced preference of the modifying novation in labor law
2. The subjective modifying novation of the employment contract
3. The objective modifying novation
3.1 Geographical mobility: weak geographical mobility; substantial geographic mobility (transfers and commuting); and expatriation
3.2 Functional mobility
3.2.1 The professional classification
3.2.2 Common limits to functional mobility
3.2.3 Modalities of functional mobility: for professional promotion (promotions); by strict unilateral will of the employer (internal, external and extraordinary); and as an instrument for preventing occupational risks.
3.3 The substantial modification of working conditions
3.4 The suspension of the employment contract
3.4.1 General questions
3.4.2 Typology
3.5 Leave of absence
3.5.1 Voluntary
3.5.2 Compulsory: exercise of public or trade union office.
3.5.3 To take care of children and relatives
3.6 Substitutions |
| TOPIC 11. THE TERMINATION OF THE EMPLOYMENT CONTRACT |
1. Typology of terminations of the employment contract
1.1 By the will of both parties
1.2 By the will of the employee
1.3 For reasons beyond the control of the parties
2. Redundancies: classes, form and effects
2.1 Disciplinary dismissal
2.2 Objetive dismissal
2.3 Collective dismissal
2.4 Dismissal due to force majeure |
BLOCK II: COLLECTIVE EMPLOYMENT LAW
TOPIC 12. REPRESENTATION AND EMPLOYEES' PARTICIPATION IN THE COMPANY
|
1. The constitutional and legal model of employees' participation in the company
2. Unitary representation
2.1. Staff delegates and the work council: creation, electoral procedure, implementation, organization, operation and mandate
2.2 Powers of staff delegates and the works council
2.3 Guarantees and facilities for staff delegates and the works council
3. Union representation
3.1 Freedom of association as a prior issue
3.2 The trade union representative
3.3 The union section
4. The right of assembly of employees in the company |
| TOPIC 13. COLLECTIVE LABOR BARGAINING |
1. Normative recognition of collective bargaining and typology of negotiable agreements
2. The statutory collective agreement
2.1 General characteristics
2.2 Negotiation procedure
2.2.1 Initiative, deliberative legitimacy and constitution of the negotiating committee
2.2.2 Content
2.2.3 Deliberation and adoption of agreements
2.2.4 Registration, deposit and publication
2.3 Control of legality and challenge
2.4 Application and interpretation
2.4.1 Validity and duration. Ultraactivity/ extended validity. Succession of agreements
2.4.2 Interpretation
2.4.3 Accession and extension
2.4.4 Non-application of the working conditions provided for in the statutory collective agreement |
| TOPIC 14. THE STRIKE AND THE LOCKOUT |
1. The strike
1.1 Constitutional recognition and regulatory regulation
1.2 Right holder
1.3 Types or modalities
1.4 Procedure, exercise and termination
1.5 Limits
1.5.1 General framework
1.5.2 Maintenance of essential services for the community
1.5.3 Strikebreaking
1.6 Effects
2. Lockout
2.1 Constitutional recognition and regulatory regulation
2.2 Right holder and causes
2.3 Procedure and termination
2.4 Effects |
BLOCK III: LABOR ADMINISTRATIVE AND PROCEDURAL LAW
TOPIC 15. LABOR AND SOCIAL SECURITY INSPECTION |
1. Functions of the Labor Inspection
2. Scope of the Labor Inspection
3. Forms of action of the Labor Inspection
4. Measures derived from the inspection activity
5. Sanctioning administrative procedure |
| TOPIC 16. THE LABOR PROCESS |
1. Jurisdiction and competence in the labor process
2. The parties in the labor process
3. The avoidance of the process
4. The ordinary or common process
5. The procedural modalities
6. The means of appeal
6.1. The appellate procedure
6.2. The cassation appeal
6.3. The cassation appeal for the unification of doctrine |
BLOCK IV: SOCIAL SECURITY LAW
TOPIC 17. FUNDAMENTALS OF THE SOCIAL SECURITY SYSTEM AND ORGANIZATION |
1. Field of application and structure of Social Security
1.1 Field of application
1.2 Structure of Social Security
2. The management of Social Security
2.1 The management entities and Common Services
2.2 Collaboration in management
2.2.1 Mutual Social Security Collaborators
2.2.2 The collaboration of companies
3. The acts of framing in the Spanish Social Security: registration of companies, affiliation; discharge, variations and situations similar to discharge; and down
4. Legal and economic aspects of the Spanish Social Security
4.1 Financing
4.2 Quotation
4.3 Collection |
| TOPIC 18. PROTECTIVE ACTION IN THE GENERAL REGIME OF SOCIAL SECURITY |
1. Protected contingencies: work accident and occupational disease
2. General legal regime of benefits
3. Health care benefits
4. Benefits for temporary incapacity, birth and care of a minor, co-responsible exercise of the infant, risk during pregnancy, risk during natural breastfeeding and care of minors and those affected by cancer or another serious illness
5. Permanent disability
6. Retirement
7. Death and survival
8. Family benefits
9. Unemployment |
| Methodologies :: Tests |
| |
Competences |
(*) Class hours
|
Hours outside the classroom
|
(**) Total hours |
| Introductory activities |
|
2.7 |
0 |
2.7 |
| Problem solving, exercises in the classroom |
|
11.4 |
30.7 |
42.1 |
| Lecture |
|
42.7 |
25.3 |
68 |
| Personal attention |
|
15.2 |
0 |
15.2 |
| |
| Multiple-choice objective tests |
|
6 |
48 |
54 |
| Short-answer objective tests |
|
2 |
16 |
18 |
| |
(*) On e-learning, hours of virtual attendance of the teacher.
(**) The information in the planning table is for guidance only and does not take into account the heterogeneity of the students. |
Methodologies
| |
Description |
| Introductory activities |
Prior to the start of classes, individual introductory sessions will be held, intended to explain the aims to be achieved with these teaching activities, as well as the organizational, methodological and assessment guidelines specific to these.
The recording (sound and/or image) of the introductory activities by any means and device is strictly prohibited.
All material from and/or linked to the introductory activities (including, among others, notes, diagrams, presentations -including power point ones-, statements of practical cases and resolutions) is legally protected by the corresponding intellectual property rights. Likewise, the publication of these materials (either partially or fully, as well as fragments and/or variations with format differences - for example, notes) on the internet and digital platforms other than the specific virtual platform of the subject is prohibited , as well as its massive dissemination. |
| Problem solving, exercises in the classroom |
Exemplification and resolution in class of questions and practical cases and problems.
It is strictly forbidden to record (sound and/or image) the solutions to problems and exercises in the ordinary classroom by any means or device.
All material of and/or linked to the resolution of problems and exercises in the ordinary classroom (including, among others, notes, diagrams, presentations -including those of power point-, statements of practical cases and resolutions) is legally protected by corresponding intellectual property rights. It is also prohibited to publish these materials (either partially or fully, as well as fragments and/or variations with different formats - for example, notes) on the internet and digital platforms other than the specific virtual platform of the subject , as well as its mass dissemination. |
| Lecture |
Presentation of the theoretical content of the subject, in which the students' participation is encouraged in order to clarify all the questions they raise in relation to such content.
Although attendance at classes is not mandatory, it is highly recommended, in order to verify the correct understanding of the knowledge that makes up both the theoretical and the theoretical-practical part of the subject.
The recording (sound and/or image) of master sessions by any means and device is strictly prohibited.
All material from and/or linked to the master sessions (including, among others, notes, diagrams, presentations -including power point ones-, statements of practical cases and resolutions) is legally protected by the corresponding intellectual property rights. Likewise, the publication of these materials (either partially or fully, as well as fragments and/or variations with format differences - for example, notes) on the internet and digital platforms other than the specific virtual platform of the subject is prohibited , as well as its mass dissemination. |
| Personal attention |
The teaching staff of the subject will attend to the doubts that the students have in relation to the content of the teaching activities of the subject. This attention can be dispensed, indiscriminately, in person or by means of a video conference upon prior request by email to the teaching staff of the subject.
The recording (sound and/or image), publication and dissemination of personalized attention by any means, device, internet and digital platform is strictly prohibited. |
|
Description |
|
The teaching staff of the subject will attend to the doubts that the
students have in relation to the content of the teaching activities of
the subject. This attention can be dispensed, indiscriminately, in
person or by means of a video conference upon prior request by email to
the teaching staff of the subject. The recording (sound and/or
image), publication and dissemination of personalized attention by any
means, device, internet and digital platform is strictly prohibited. |
|
Methodologies |
Competences
|
Description |
Weight |
|
|
|
|
| Problem solving, exercises in the classroom |
|
During the subject, and as part of the continuous assessment, a theoretical-practical exam will be carried out.
The exam will consist of a test of short/medium length questions.
The questions may have different maximum marks to be obtained and not only the correctness of the answer will be assessed, but especially the legal argumentation/reasoning (demonstrate the ability to apply theory in practice with legal argumentation/reasoning) |
30% |
| Multiple-choice objective tests |
|
During the subject, and as part of the continuous assessment, two objective tests will be given.
These tests, which are part of the first call, will evaluate the theoretical part of the subject. Each of the theoretical tests will consist of a quiz, made up of closed questions with different answer alternatives.
Wrong answers will be penalized. |
70% (35%+35%) |
| Others |
|
Incorrect answers to the test-type objective evaluation tests will be penalized.
Both in continuous assessment and in the 2nd call, in order to perform the weighted average between the different exams, the student must have obtained a minimum score of four (4.00) points in each one.
To pass the subject it will be necessary that the score resulting from the weighted average of the evaluation exams taken into account in accordance with the criteria of this teaching guide is at least five (5.00) points. |
|
| |
|
Other comments and second exam session |
|
Both in continuous assessment and in the 2nd call, in order to make the
weighted average between the different assessment exams, the student
must have obtained a minimum score of four (4.00) points in each of
them. In order to pass the subject, it will be necessary that the score
resulting from the weighted average of the evaluation exams taken into
account in accordance with the criteria of this teaching guide is at
least five (5.00) points. CONTINUOUS EVALUATION CRITERIAIn
order to continue the continuous assessment, you must take all the
assessment exams proposed during the subject. Failure to complete any of
the assessment activities will mean that the student cannot be assessed
in accordance with the continuous assessment system and, consequently,
must examine the theoretical part (the entire syllabus) and from the
practical part in the second call to pass the subject. EVALUATION IN 2ND CALLReserved
for students who have not followed the continuous assessment system or
who, having followed it, have not obtained a minimum of five (5.00)
points from the weighted average. In the 2nd call, students who
have followed the continuous assessment will only be examined for the exam or exams not passed with a score of less than five (5.00) points.
The grades obtained in the approved exam(s) from the continuous
assessment with five (5.00) or more points will be kept until the end of
the exams that make up the 2nd call and, in this case, the final mark
of the subject will be the result of the weighted average of the
assessment tests carried out in the 2nd call and the exam(s) passed in
the continuous assessment. OTHER QUESTIONSDuring
the performance of the evaluation exams, no type of communication,
transmission and data storage device that is not expressly authorized
for the test may be carried. The demonstrably fraudulent completion of
any test with the use of material support such as electronic or without
the use of support of any kind (copying, plagiarism or any other
fraudulent behavior) will result in the grade of suspension (zero —0.00—
points) in this exam. |
| Basic |
|
| 1. Manuals and general works a) Individual and Collective Labor Law and Administrative and Procedural Labor Law - CRUZ
VILLALÓN, J. (2023). Compendio de Derecho del Trabajo. Madrid: Tecnos.
- GARCÍA-PERROTE
ESCARTÍN, I. (2023). Manual de Derecho del Trabajo. Valencia: Tirant
lo Blanch.
- GOERLICH
PESET, J.M. (Dir.). (2023). Derecho del Trabajo. Valencia: Tirant lo
Blanch.
- MARTÍN
VALVERDE, A y GARCÍA MURCIA, J. (2023). Derecho del Trabajo. Madrid:
Tecnos.
- MERCADER
UGUINA, J.R. (2023). Lecciones de Derecho del Trabajo. Valencia:
Tirant lo Blanch.
- MONTOYA
MELGAR, A. (2023). Derecho del trabajo. Madrid: Tecnos.
- SALA
FRANCO, T. (2023). Derecho sindical. Valencia: Tirant lo Blanch.
b) Social Security Law - GONZÁLEZ
ORTEGA, S. y BARCELÓN COBEDO, S. (2023). Introducción al Derecho de la
Seguridad Social. Valencia: Tirant lo Blanch.
- BLASCO
LAHOZ, J.F. y LÓPEZ GANDÍA, J. (2023). Curso de Seguridad Social.
Valencia: Tirant lo Blanch.
- ROQUETA
BUJ, R. y GARCÍA ORTEGA, J. (Dirs.). (2023). Derecho de la
Seguridad Social. Valencia: Tirant lo Blanch.
2. Monographs and articles from specialized journals When appropriate, the reference will be provided in parallel with the explanations of the discipline. 3. Normative labor repertoires It is essential to use Labor Law and Social Security legislation that is fully up-to-date. For
these purposes, the main (private) legal publishers publish
compilations and codes of labor and Social Security legislation (some
with comments and cross-references). Likewise, the State Agency of the
Official State Gazette (BOE) makes available for free on its website
different electronic codes on Labor Law and Social Security that can be
downloaded in various electronic formats and which are updated
periodically. The database of international institutions such as
NORMLEX of the International Labor Organization (ILO) as well as the
databases of private publishers such as Aranzadi Instituciones, IUSTEL
and VLex should also be considered. 4. Case law repertoires Public
databases (CENDOJ, Constitutional Court, Court of Justice of the
European Union, etc.), as well as private publishers, such as Aranzadi
Instituciones, IUSTEL and VLex. |
| Complementary |
|
|
(*)The teaching guide is the document in which the URV publishes the information about all its courses. It is a public document and cannot be modified. Only in exceptional cases can it be revised by the competent agent or duly revised so that it is in line with current legislation. |
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