Academic management

University of Oviedo

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Bachelor´s Degree in Management and Business Administration
GADEMP01-4-010
Labour and Social Security Law
General description and schedule Teaching Guide

Coordinator/s:

OSCAR LUIS FERNANDEZ MARQUEZ
marquezuniovi.es

Faculty:

Diego Álvarez Alonso
diegoalonsouniovi.es
(English Group)
OSCAR LUIS FERNANDEZ MARQUEZ
marquezuniovi.es
Kai Solagaistua Barrenechea
solagaistuakaiuniovi.es

Contextualization:

The Grades on Economy and Business Administration include Labour Law and Social Security Law as an optional subject within the module “Legal Framework” and the matter “Private Law”. The aim is to provide basic acknowledgement of relevant legal regulations with direct effects on company management and on the economy in general, along with other subjects like Civil Law, Commercial Law, Tax Law and Public Law. On the other hand, Labour Law is also connected to other matters like “Labour Market Economy” and “Sociology of Work and Labour Relations”.

This 6 ECTS subject focuses mainly on the study of the Spanish legal framework on employment, work and social protection, with particular regard to the regulations on employment contracts, working conditions and staff management. The purpose is to make the students acquire adequate skills in regard to dealing with the legal aspects of employment relationships and workforce organization within business and companies.

Requirements:

 There are no previous requirements.

Competences and learning results:

General skills:

Critical thinking.

Decision Making.

Implementation of previously acquired knowledge in practice.

Analysis and summarizing.

Search for information skills, in particular in regard to employment and work

Oral and writing communication skills in English Language.

Autonomous work.

Teamwork.

 Specific skills:

CE1: Acknowledgement of the social and legal context of the functioning and developement of markets and business.

 

Learning Results:

Acknowledgement of legal framework and sources.

Interpretation of regulations, texts and other legal instruments.

Critical analysis of legal solutions.

Dealing with legal arguments.

Implementation of previously acquired knowledge to solve problems and cases in practice.

Contents:

Labour Law and Social Security Law: definition, history and aims

Legal Sources of Labour Law and Social Security Law

Definition and characterization of the employee within the employment relationship 

Definition and characterization of the employer within the employment relationship

The employment contract

Types of employment contracts

Work performance and wage

Modifications within the employment relationship

Termination of the employment contract

Representation of workers, collective bargaining, strike and labour conflicts 

Methodology and work plan:

LEARNING METODOLOGY

In the classroom:

Lessons (explanation of program contents, questions and answers and debate with the students)

Practice and case solution sessions (workshop sessions for debate and solutions on legal cases and use of legal texts, case law and other materials)

Outside the classroom:

Autonomous work and preparation of cases (study of program topics, preparation of cases and workshop activities and readings)

E-learning

Exceptionally, if required due to a public health extraordinary situation, the metodology might include e-learning and non-presential teaching activities. In that case, the students will be informed of the adaptations and changes adopted

PLAN OF THE COURSE

Topics

Total hours

Lessons

Practice

Evaluation

Total

Autonomous work

Total

Labour Law and Social Security Law: definition, history and aims

 

2,5

 

 

 

 

 

Legal Sources of Labour Law and Social Security Law

 

2

2

 

 

 

 

Definition and characterization of the employee within the employment relationship 

 

4

4

 

 

 

 

 

Definition and characterization of the employer within the employment relationship

 

3,5

4

 

 

 

 

 The employment contract

Types of employment contracts

 

4

4

 

 

 

 

 Work performance and wage

 

3

4

 

 

 

 

 Modifications within the employment relationship

 

3

4

 

 

 

 

Termination of the employment contract

 

4

4

 

 

 

 

Representation of workers, collective bargaining, strike and labour conflicts 

 

2

2

 

 

 

 

Total

150

28

28

4

60

90

90

 

 

LEARNING ACTIVITIES

HOURS

Lessons

28

Practice

28

Evaluation

4

Individual work

90

Total

150

 

Assessment of students learning:

 

 

The final qualification is the combined result of two elements:

 

Permanent evaluation: 40% of final qualification. Based on (1) participation in classroom sessions; (2) results in solving problems and cases; (3) oral presentations in the classroom; (4) results in questionnaires or practical exercises subject to evaluation by the lecturer.

 

Final exam: 60% of final qualification.

 

 

Model for differentiated evaluation

 

Regarding students to whom the right to "differentiated evaluation" has been recognized, the final marking is the combined result of these two elements:

 

- Final exam: 60% of final qualification.

 

- Legal case: 40% of final qualification. The student shall solve a legal case proposed by the lecturer, and the legal solution adopted should be presented in written, or orally if she/ he is requested to do so.

 

Evaluation in extraordinary examinations

Continuous evaluation markings obtained in classroom and academic sessions will be kept and taken into account for extraordinary evaluation periods within the same academic year to be pondered along with final exam results, but the student may choose to replace continuous evaluation markings for those resulting from a specific complementary test that will be determined by the teacher whenever the student signs it on the written exam.

Non-presential methods for evaluation

Exceptionally, if required due to a public health extraordinary situation, non-presential methods for evaluation might be included. In that case, the students will be informed of the adaptations and changes adopted

Universty of Oviedo's Code of Ethic Behavior is applicable. See: https://www.uniovi.es/launiversidad/panoramica/codigoetico

Resources, bibliography and documentation:

HANDBOOKS

Antonio Martín Valverde, Fermín Rodríguez Sañudo, Joaquín García Murcia, Derecho del Trabajo, Tecnos, Madrid (latest edition).

Ignacio García Perrote-Escartín, Manual de Derecho del Trabajo, Tirant lo Blanch, Valencia (latest edition).

AA.VV, José María Miranda Boto (coord.), Derecho del Trabajo y de la Seguridad Social para titulaciones no jurídicas, Tecnos., Madrid (latest edition). 

OTHER BIBLIOGRAPHIC REFERENCES

E. Borrajo Dacruz, Introducción al Derecho del Trabajo, Tecnos, 1994.

A. Guamán Hernández  y H. Illueca Ballester, El huracán neoliberal, una reforma contra el trabajo, Sequitur, 2012.

J. Mercader Uguina y J. R.,  García-Perrote Escartín, Reforma laboral 2012, análisis práctico del RDL 3/2012, de medidas urgentes para la reforma del mercado laboral, Lex Nova, Valladolid, 2012.

Antonio V. Sempere Navarro y R. Martin Jimenez, Claves de la reforma laboral de 2012, Aranzadi, Navarra, 2012. 

FULLY-UPDATED LEGAL TEXTS ARE REQUIRED (available through Virtual Campus)

WEBSITES

www.boe.es

www.bopa.es

www.europa.eu.int

www.ilo.org

www.noticiasjuridicas.com

www.empleo.gob.es

www.tribunalconstitucional.es

www.poderjudicial.es