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General information |
Course unit name: Employment Law
Course unit code: 363711
Academic year: 2025-2026
Coordinator: Jordi Garcia Viņa
Department: Department of Private Law
Credits: 6
Single program: S
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Estimated learning time |
Total number of hours 150 |
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Face-to-face and/or online activities |
60 |
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- Lecture with practical component |
Face-to-face |
60 |
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Supervised project |
40 |
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Independent learning |
50 |
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Learning objectives |
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Referring to knowledge
Referring to abilities, skills
Referring to attitudes, values and norms
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Teaching blocks |
1. CONCEPT, SOURCES AND PRINCIPLES OF LABOUR LAW
Topic 1. Concept and object of labour law
1. Concept of labour law
2. The employment relationship: concept and defining characteristics
3. Common labour relations, special labour relations and excluded jobs. Self-employment
Topic 2. Sources of labour law
1. The Spanish constitution
2. Labour legislation and regulatory power
3. Collective bargaining: collective agreements and other agreements
4. Equality plans
5. European Union Law
6. International sources: the International Labour Organization (ILO) and Private International Law
Topic 3. Principles of application and interpretation of labour law
1. Principles of application and interpretation Framework for the application of the provisions of labour law
1.1. The collective agreement in the source system: relations between law and collective bargaining
1.2. The role of individual autonomy: the most beneficial condition of contractual origin
2. The inalienability and non-waivability of rights
3. Application of the law by the courts: principles of social jurisdiction
4. Labour administration and its sanctioning power. Special focus on the Labour Inspectorate
5. Equal treatment and prohibition of discrimination. The gender perspective in labour relations and equality plans
6. Prescription and forfeiture of labour rights
2. THE EMPLOYMENT CONTRACT AND ENTRY INTO THE COMPANY
Topic 4. The employment contract: workers and employers
I. Workers and the employment contract
1. The employment contract: preconditions or elements determining its existence
2. Situations of quasi-subordination: self-employment and the economically dependent self-employed worker
3. Labour relations of a special nature and excluded labour relations
II. Companies and employers
1. Concept of business and employer. Company, apparent company and complex companies
2. Organizational decentralization: Business groups. Concept and legal irregularities
3. Productive decentralization
3.1. Subcontracting: contracts and subcontracts
3.2. Wrongful dismissal
4. Triangular employment relationships: temporary employment agencies (TEAs)
4.1. Authorization and requirements to operate as a TEA
4.2. The employment contract: worker relationships with TEAs
4.3. Temporary assignment of workers via TEAs and temporary employment contracts. The relationship of workers with the user company
5. Restructuring of the company: transfer of undertakings
Topic 6. Types of employment contract
1. Common employment contract and contractual modalities
a) Ordinary employment contract
b) Employment contract for fixed, intermittent work
2. Structural temporary contracts
a) Contingent contract due to production circumstances
b) Temporary contract
c) Common rules for temporary employment contracts
d) Special rules in certain sectors
3. Part-time contracts
a) The ordinary part-time contract
b) Early retirement and relief contract
4. Training contracts
a) For work-study training
b) For the acquisition of professional practice
5. Other types of contract
a) Other temporary contracts
b) Working from home and teleworking contracts
c) Joint work and group employment contracts
d) The associate assistant
e) Jobs subject to special employment relationships
unit 5. Recruitment, job placement and entry into the company
I. Job placement
1. Employment policy and the labour market
2. Intermediation in job placement
2.1. Public and private employment services
2.2. Job placement agencies and outplacement companies. Temporary employment agencies as placement agencies
2.3. Social integration companies
II. Formation of the employment contract
1. Consent, object and cause of the employment contract. Establishing working conditions
2. Form and evidence of the contract. Presumption of existence of the contract. Documentation of the contract
3. Terms and conditions, and probationary period
4. Nationality and employment. Employment of foreign nationals: non-EU nationals and EU workers
5. Restrictions and prohibitions on the capacity to work: minors. Legal effects
3. THE EMPLOYMENT RELATIONSHIP: CONTENT OF THE CONTRACT AND RIGHTS AND OBLIGATIONS OF THE PARTIES
Topic 7. Workers’ rights and obligations
I. Workers’ rights
1. Workers as holders of fundamental rights
a) Generic or non-specific rights
b) Right to dignity
c) Right to equality and non-discrimination
d) Right to life, physical integrity and an adequate occupational health and safety policy
e) Right to ideological and religious freedom
f) Right to honour
g) Right to privacy
h) Right to freedom of expression and information
i) Right to effective judicial protection
2. Specific Rights Arising from the Employment Relationship
a) Freedom of association
b) Right to strike
c) Right of assembly
d) Rights of representation and participation in the company. Legal and trade union representation of workers
3. Basic employment rights
a) Right to effective and adequate employment
b) Training and professional development
c) Right to work certification
d) Right to timely payment of remuneration
e) Right to individual exercise of actions arising from the employment contract
4. Judicial exercise of rights: prescription and limitation of labour rights
II. Workers’ duties
1. General catalogue of duties
2. Duty of good faith and its manifestations
3. Some specific obligations: prohibition of competition
4. Other agreements: permanence, exclusivity
5. Duty of care and due diligence
6. Duty of obedience
Topic 8. Employer’s powers and obligations
I. Employer’s powers
1. General powers of the employer
2. Managerial authority. Concept, scope and limits
3. Disciplinary authority. Limits and procedure. Time limits on disciplinary offences
II. Employer’s obligations
1. Duty of protection toward the person and legal liability
2. Duty to safeguard workers’ health. Occupational health and prevention of occupational risks. Obligations and responsibilities
Topic 9. Working conditions
1. Job functions, workplace and professional classification
2. Working hours
2.1. The workday. Regulation and general principles
2.2. Special work schedules: extended and reduced working hours
2.3. Overtime. Legal framework
2.4. Work schedule and annual work calendar. Split and continuous shifts
2.5. Shift work and night work
3. Rest periods: breaks, leave and time off
3.1. Weekly rest and public holidays
3.2. Annual leave. Legal framework
3.3. Non-regular interruptions to work: leave of absence
3.4. Specific provisions derived from reconciliation of personal, family and work life
4. Remuneration
4.1. Concept, sources and principles of pay equality on grounds of sex
4.2. Non-wage payments
4.3. Wage structure
4.4. Wage determination. Minimum wage and professional pay scales
4.5. Statutory rules on wage adjustments: absorption and compensation
4.6. Wage payment: place, time and method
4.7. Wage guarantees. Insolvency situations and the Wage Guarantee Fund
4. CHANGES TO THE EMPLOYMENT CONTRACT
Topic 10. Modification of working conditions
1. General principles: modification and novation of the employment contract. The employer’s ius variandi and labour flexibility
2. Modification of duties
2.1. Promotion and career advancement
2.2. Change of duties at the employer’s initiative: functional mobility
2.3. Procedure, grounds and employee rights
3. Workplace and geographical mobility at the employer’s initiative
3.1. Organizational and disciplinary grounds. Procedure
3.2. Individual and collective geographical mobility
3.3. Temporary posting of workers within the framework of transnational service provision
4. Substantial modification of working conditions: general rules and limits
4.1. Concept and legal grounds
4.2. Procedure
4.3. Special cases
5. Changes at the employee’s request
5.1. To the work schedule: reductions in working hours and changes to work schedule for reasons related to the reconciliation of personal, family and work life, and due to gender-based violence or terrorism
5.2. To the place of work: job swaps, family reunification and gender-based violence
5.3. To job functions: occupational health and relocation
Topic 11. Suspension of the employment contract
1. Concept and legal effects
2. Grounds for suspension
3. Legal regime in each case
3.1. Ordinary suspension
3.2. Leave of absence
3.3. The procedure for collective suspension of contracts on economic, technical, organizational or production grounds, or due to force majeure (temporary redundancy procedure)
5. TERMINATION OF THE EMPLOYMENT CONTRACT
Topic 12. Termination of the employment contract at the unilateral will of the parties
1. Termination of the employment contract. Causality of contract termination under Spanish law. General issues and typology
2. Disciplinary dismissal
a) Concept and legal nature
b) Valid grounds for termination
c) Procedure: form of dismissal
d) Legal effects and judicial review of the act of dismissal
3. Termination at the worker’s initiative
3.1. Without justified cause
3.2. With justified cause
a) Constructive dismissal. Procedure and effects
b) Termination initiated by the worker on grounds of gender-based violence
Topic 13. Termination of the employment contract for reasons not strictly linked to the will of either party
1. Termination on objective grounds
a) General considerations. Concept and legal nature
b) Legitimate grounds
c) Procedure
d) Effects and judicial review
2. Collective dismissal
a) Introduction. Enabling causes
b) Procedure. Phases
c) Legal effects of the resolution
d) Judicial review
3. Termination due to force majeur
a) General considerations
b) Procedure
c) Effects and judicial review
4. Other causes of termination
a) Cessation or dissolution of the company
b) Death, disability or retirement of the employer
c) Termination due to death, permanent disability or retirement of the employee
d) By mutual agreement of the parties
6. COLLECTIVE LABOUR DISPUTES
Topic 14. Collective labour law and collective labour disputes
1. Concept of collective labour dispute
2. Strike action and employer lockout
3. Alternative (extrajudicial) mechanisms for resolving collective disputes
3.1. Conciliation, mediation and arbitration
3.2. The Catalan Labour Tribunal and the Interconfederal Mediation and Arbitration Service
4. Judicial procedure in collective labour disputes
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Official assessment of learning outcomes |
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Continuous assessment
Examination-based assessment Students wishing to opt for single assessment must make their request in writing in accordance with the regulations of the Academic Board. In all circumstances, students can waive their right to continuous assessment up to and including the date of the final continuous assessment exam.
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Reading and study resources |
Check availability in Cercabib
Book
Alemán Páez, Francisco (2024): Curso de Derecho del Trabajo. Tecnos, Madrid
Alemán Páez, Francisco -dir.- (2021): Materiales didácticos de Derecho del Trabajo y políticas sociolaborales. Tecnos, Madrid
Alvarez Alcolea, Manuel, García Blasco, Juan, De Val Tena, Ángel Luis y Alcázar Ortiz, Sara (2024): Derecho del Trabajo individual y colectivo. 14ª edición
Camas Rodas, Ferran (2023), Manual de derecho del trabajo, seguridad social y migraciones laborales. Thomson Aranzadi, Cizur Menor
García-Perrote Escartín, Ignacio (2023), Manual de derecho del trabajo. Tirant lo blanch, Valencia, 13ª ed.
Versiķ en línia (14a ed., 2024)
Martín Valverde, Antonio; García Murcia, Joaquín (2023), Derecho del Trabajo. Madrid,Tecnos
Mella Méndez, Lourdes; Fernández Martínez, Silvia (2023), Manual de derecho del trabajo. Thomson Aranzadi, Cizur Menor
Mercader Uguina, Jesús R. (2023), Lecciones de Derecho de Trabajo, 16ª edición, Tirant lo blanch, Valencia
Versiķ en línia (17a ed., 2024)
Monereo Pérez, José Luis, Molina Navarrete, Cristóbal, Moreno Vida, María Nieves, y Vila Tierno, Francisco (2023), Manual de Derecho del Trabajo. Comares, Granada
Serrano Argüello, N. (coord.), Nociones de Derecho del Trabajo (Manual para titulaciones no jurídicas), darrera edició, Madrid: Editorial Tecnos