Labour Law I

-Knowledge of the system of sources of Labour Law and its specialities, both in relation to the rules itself, and in relation to the implementation and interpretation.
-Knowledge of the labour contract as a tool through the one which gives the job object of Labour Law. Specifically, the brokerage between the supply and demand, the contract elements (parts, objects, cause, etc.) and the types or modalities of the labour contract.
-To identify the type of job which is included in the area of application of the employment legislation.
-Identification of the constitutive jobs of labour relations or ordinary common and labour relations of a special characteristic.
-Knowledge of the particularities of the source systems of Labour Law, specifically, the singularities of the “common rules”, the meaning of the labour agreement and the techniques that rule the selection of the applied norm and its interpretation.
- Knowledge of the dogmatist of the contract of work: parts, ability,
assent, etc.
- Knowledge of the problems associated to the celebration of the contract of
work and to the using of the diverse modalities of this one.
- Knowledge of the intermediation between the offer and demand of work in
Spain.
- Knowledge of the protection of the worker in the suppositions of
interposition in the labour market characterized by the presence of a
productive decentralization.

MODULE I.CONCEPT AND SCOPE:

Lesson 1st THE LABOUR LAW AND ITS OBJECT

I. The work object of the Labour law: 1) Necessary and productive work. 2) Personal and free work. 3) Employee. 4) Dependent job. - II. End of the Labour law. Autonomy and relations with other legal disciplines. - III. The work in other contracts: 1) Performances of work. 2) Mandates. 3) Industrial partner. 4) Cooperative job. - IV. The autonomous work economically dependent. - V. Historical formation of the Labour law.


Lesson 2nd . EXCLUDED JOBS

I. Government employees and staff to the service of the Administration. - II. Family jobs. - III. Friendly, benevolent or of good neighbourhood services. - IV. Compulsory personal loans. Part-time jobs of social collaboration. - V. Transporters with own vehicle -

Lesson 3rd . LABOUR RELATIONS OF SPECIAL CHARACTERISTIC

I. Representatives of commerce. - II. Senior management team. - III. Staff working for family homes. - IV. Sport players. - V. Artists. - VI. Penitentiary jobs. Other labour relations of special characteristic.

MODULE II. SOURCES

Lesson 4th . SYSTEM OF SOURCES
I. The Constitution. - II. The paper of law and regulation. The distribution of competences between the State and Autonomous Regions. - III. International and community rules. - IV. The collective agreement. Concept and efficiency. - V. Other sources.

Lesson 5th INTERPRETATION AND APPLICATION OF THE LABOUR RULES

I. The jurisprudence. II. Administrative resolutions. - III. Principles of application and interpretation of the labour rules: 1) Normative hierarchy. Minimal norm and more favourable norm. 2) More beneficial acquired condition. 3) Inalienability of the rights. 4) " Pro labourer”. - IV. The application of the labour norm in the time and in the space. Rules of private international Law.

MODULE III THE LABOUR CONTRACT

LESSON 6th CONCEPTS AND PARTS OF THE LABOUR CONTRACT

I. Concept and parts of the labour contract. Nature and characteristics. II -Parts. The businessman “without personality” .Groups of companies. III. Company and centre of work. Relevance labour-legal of the dimension of the company. IV Ability.: 1). of the businessman. 2) Of the worker. Limited and full labour ability.

Lesson 7th ELEMENTS OF THE JOB CONTRACT. CELEBRATION.

I. Object and cause.-II. Consent. - III Form. - IV Test. Presumption of existence. - V Condition and terms. VI Preliminary deals and preliminary agreement. - VII Celebration “test”. - VIII .Nullity.

Lesson 8th MODALITIES OF THE JOB CONTRACT

I. Criteria of systematization.-II. Contracts by indefinite time.II. Assumption of contracts of a limited period: 1) Due to the nature of the services object of the contract: for determined deed and service, temporary for extraordinary circumstances of the productive activity and provisional status.2) Training contracts: contract for the training and work experience placement.-IV. Part-time jobs contract.-V Home job contract.-VI. Group contract. The associated assistant.

MODULE IV. EMPLOYMENT AND BROKERAGE ON THE LABOUR MARKET

Lesson 9th EMPLOYMENT AND JOB POLITICS.

I. Employment politics. - Preferences and job reservations. Employment boost.-III Women and minors employment. Prohibitions. - IV The job procedure: 1) Public service of employment. Obligations of businessmen and workers. 2) The intervention of non-for-profit agencies.

Lesson 10th WORKER´S PROTECTION IN SUPPOSITIONS OF INSERTION IN THE JOB MARKET AND PRODUCTIVE DECENTRALIZATION

I. Transfer of workers and part-time job companies. - II Subcontracts and written contracts of deed and services. - III. Job in the frame of off-shore social benefits services.

Lesson 11th FOREIGNER JOBS IN SPAIN

I. Free current of community workers. - II. National work regime of foreign countries.

Basic bibliography:
1- “Derecho del Trabajo", A. Montoya Melgar. Ed. Tecnos, última edición.
2- "Derecho del Trabajo”, M. Alonso Olea y Mª Emilia Casas Baamonde. Facultad de Derecho - Universidad Complutense Madrid, Ult.edición.
3-"Guías Prácticas de las Relaciones Laborales, de Contratación Laboral, de la Extinción del Contrato de Trabajo", T. Sala Franco. Ed. Tirant Lo Blanch. Valencia, última edición.
4-"Derecho del Trabajo", A. Martín Valverde, F. Rodríguez-Sañudo Gutiérrez y J. García Murcia. Ed. Técnos, últ. edición.
5-"Derecho del Trabajo", T. Sala Franco y Otros. Ed. Tirant lo blanch. Valencia, última edición.
6-"Todo sobre contratación laboral" de Eduardo Ortega Figueiral, última edición. Ed. Praxis
7-"Memento Práctico Social" de Francis Lefebvre. Ültima edición. Ed.FJ.
8."Guía Laboral, 2009", Ministerio de Trabajo y Seguridad Social, Madrid.
9. Guía Práctica de Legislación Laboral, 2009. ACARL
10. "NORMAS LABORALES Y DE SEGURIDAD SOCIAL", de la editorial Netbiblo, actualizada a septiembre 2009.
11. - MARTÍNEZ GIRÓN, J., ARUFE VARELA, A. Y CARRIL VÁZQUEZ, J. M.: Derecho del Trabajo, última edic., Netbiblo (La Coruña).


Note: For a more specific bibliography about any topic, ask the teachers of the subject.

General:
To apply the critical reasoning in the study and analysis of a specific subject or topic.
To work individually and in teams.
To exhibit and to defend adequately, in an oral and / written way, a unit or topic of general characteristic or related to its speciality.
Specific:

To know, to discriminate and to be able to apply the labour procedure and National Health Service in force, as a base to be able to advise and manage as for employment matter, National Health Service and social complementary protection.
To identify, to analyze and to admit the juridical labour rules and National Health Service that allow the collaboration with the organs of the National Health Service and the labour Administration in the development of socio-labour policies, as well as its participation in the collective bargaining procedures.
To analyze and to apply the labour procedure and the social safety necessary to act as mediator in the labour conflicts, both individual and in groups, or to dictate awards in electoral processes.

On-site theoretical classes, practical classes, organization of seminars and conferences. Recommended readings.

Written final exam. Attendance to seminars and conferences.
Active participation at class will be taken into account.

Total hours of student’s personal work 102

Apart from the attendance to class, which is considered to be essential, the student will have to prepare the subject with some of the recommended manuals, taking into account the teacher oral exhibitions and handling the works and legal recommended summaries.

It is advisable for students to form groups in order to work the subject and the different practical cases. As for the possible doubts that could arise, they can look up them providing that they want to at class or in tutorial timetables. The subject needs a constant work, revising every day the topic explained at class, always looking up the laws and in case of being possible the Jurisprudence. It is very necessary to look up some of the recommended manuals and always taking into account the Law.