Academic Year/course:
2022/23
3041 - Double bachelor's degree programme in Law and Business Management and Administration / Economics
22704 - Collective Labour Law
Información de la Guía Docente
Academic Course:
2022/23
Academic Center:
304 - Faculty of Law and Economics
Study:
3041 - Double bachelor's degree programme in Law and Business Management and Administration / Economics
Subject:
22704 - Collective Labour Law
Credits:
4.0
Course:
609 - Double bachelor’s (Degree) Programme in Criminology and Public Prevention Policies and Law: 2
415 - Bachelor's degree in Law: 3
523 - Double bachelor's degree programme in Law and Business Management and Administration / Economics: 4
Teaching languages:
| Theory: | Group 7: English |
| Seminar: | Group 701: English |
| Group 702: English |
| Group 703: English |
| Group 704: English |
Teachers:
Selen Uncular , Alex Sans Dalmau
Teaching Period:
Second Quarter
Schedule:
Presentation
The goal of this Course is to offer the students theoretical and practical approaches to understanding both union and non-union collective rights including freedom of association and others channels of workers representation, collective bargaining and the right to strike. The Course will begin by situating collective rights in a broader legal and theoretical framework to understand labour law, as well as in a historical process. The syllabus dedicates an important space to analyzing collective rights under a multilevel legal perspective integrating international, comparative and European Union law in an interactive way with national regulations. It also aims to give the students sufficient knowledge of the Spanish regulation of collective labour rights. Case-law is a crucial part of the study.
Associated skills
|
General or Transversal Skills
|
Subject-specific skills
|
|
G1. Analysis and Synthesis skills
G4. Ability to Resolve Problems
G5. Motivation for critical reasoning
G6. Ethical compromise and reflection
G7. Ability to Negotiate and Mediate
G11. Creativity and Ability to interrelate different subjects of knowledge
|
E2. Ability to use constitutional values and principles as work instrument for the interpretation of legal systems
E3. Ability to use the different legal sources
E4. Ability to Recognize and express basic knowledge for legal argumentation
E8. Identification of the different forms of creation of Law within its historical evolution and the present reality
Ability to assess the importance of Collective Labour Law as a regulation system of industrial relations and understanding of its national and international context, its origin and its historical evolution, as well as the ability to use constitutional and international values and principles as tools for the interpretation of the labour law system.
|
Learning outcomes
The Course will provide students with a strong educational foundation in collective rights of workers both from an international, comparative and EU perspective, and from a Spanish perspective, with a focus on representation, collective bargaining and strikes as covered in legislation and jurisprudence. The skills to be developed among students will allow them to understand the dynamics of union elections within the companies, as well as the competences and guarantees corresponding to workers’ representatives, to interpret the essential categories of collective agreements and collective bargaining processes and to understand strike dynamics and labour conflicts resolution.
Sustainable Development Goals
Focusing on the use of digital tools and applications of the global classroom for the delivery of the practical cases of the seminars, with the reduction of the paper format.
Prerequisites
English language
Contents
Topic 1- Collective rights: basic concepts and historical process
1.Basic Concepts of Collective Labour Law. 2.Origins and development. 3.Contemporary Framework of Collective Rights.
Topic 2- Transnational regulation of collective rights
1.International norms and collective rights. 2.The regulation of collective rights in the European Union. 3.Sources of labour regulation within the EU social dialogue. 4.Conflict and activism in the EU.
Topic 3- Constitutional model of collective rights
1.The Spanish Constitution as a legal norm. 2. The role of trade unions in the constitutional system. 3.Collective labour rights in the constitution: freedom of association, strike and collective bargaining. Identification, nature and basic content.
Topic 4- Freedom of association under the Ley Orgánica de Libertad Sindical
1.Subjects of the freedom of association. 2.The components of the freedom of association: individual and collective rights. 3.Unions and representativeness. 4.Promotion and protection of freedom of association. 5.Judicial and administrative process.
Topic 5- Non-union channels of worker representation
1.Workplace size and worker representation. 2.Works councils. Functions. Guarantees. 3.Worker representatives. Functions. Guarantees. 4.Worker assemblies as a mechanism of representation.
Topic 6- Collective bargaining under the Estatuto de los Trabajdores
1.Collective bargaining agreements under the Estatuto de los Trabajadores. 2.Bargaining units. 3.Who is entitled to negotiate? 4.The process of negotiation. Efficacy of the agreement. 5.Validity of the collective bargaining agreement. 6.Rules for articulating collective bargaining agreements. 7.Techniques to extend agreements: adhesion and extension of previous agreements.
Topic 7- The legal framework of the right to strike
1.Legal framework and fundamental rights. The strike as freedom and the strike as a fundamental right. 2.The fundamental right to strike as collective and as individual right. 3.Calling a strike. The strike process. Strike committees. 4.The illegal strikes. 5. Strikes and essential services for the community. 6.Ways to resolve the conflict.
Teaching Methods
Students will receive instruction both in theory and practice. The syllabus will be organized around lecture classes and seminar discussions. Some theory classes will require the previous reading of materials on the subject. Some theoretical elements (mostly linked to application of Spanish legislation) might be explained in the seminars, which will deal with theoretical discussions and practical cases, involving the handling and analysis of case-law, multiple-choice test and “real-life” collective agreements and materials (some of them in Spanish language). Assignments can include the preparation of the seminar, making presentation in class and/or active participation in the discussions during the seminar.
The course will also be centered on the use and reference of legislation and other international or national legal instruments. Students are therefore asked to bring the relevant instruments to the theory classes as well as to the seminars (only on paper; not in digital form). In this regard, the effective use and analysis of legal documents is a part of the evaluation of the participation. An English translation of the main Spanish legal instruments will be provided online.
Evaluation
|
General Evaluation System
|
|
Evaluation Activity
|
Evaluationcriteria
|
% of Final Mark
|
Retake
|
% Retakeexam
|
EvaluatedSkills
|
|
Multiple-choice exam about the theoretical topics taught during the classes
|
From 0 to 10
|
60%
|
Can be retaken
by the realization
of a new multiple-choice exam in May 2023
|
60%
|
G1, G5, G6,
|
|
|
|
|
G11, E2, E3,
|
|
A mark of 4 or lessinvolves a suspension mark for the whole course
|
|
|
E4, E8
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Assignments and active participation in the classes. Use of case- law and legal documents in and out of class.
|
From 0 to 10
|
40%
|
Can be retaken
by the realization
of an exam in May 2023
|
40%
|
G1, G4, G5,
G7, G11, E2,
E3
|
|
|
|
|
A mark of 3 or lessor the failure to hand in the assignments on time involves a suspension mark for the whole course
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Evaluation System for UPF Students Participating in Mobility Programs (2 options)
|
|
Evaluation activity
|
Evaluation Criteria
|
% of Final Mark
|
Date
|
Evaluated Skills
|
|
Multiple-choice exam about the theoretical topics taught during the class and resolution of practical cases.
|
From 0 to 10
|
100%
|
July 2023
|
G1, G4, G5, G6, G7, G11, E2, E3, E4, E8
|
|
OR
|
|
|
|
|
|
“General evaluation system” without the need to participate in seminars (but obligation to hand in assignments on time and pass a Skype or face-to-face interview about the content of the assignments to verify the work of the student)
|
|
Bibliography and information resources
Basic Bibliography and Information Resources
- Derecho del Trabajo. Antonio Martín Valverde, Fermín Rodríguez-Sañudo Gutiérrez y Joaquín García Murcia. 2022, Tecnos. 31ª Edición; or, alternatively: Manual De Derecho del Trabajo. Ignacio García-Perrote Escartín, Tirant Lo Blanch, 2022.
- BOE. Código de Legislación Social.
- Legislación Laboral y de Seguridad Social. Códigos Básicos, Aranzadi. Autores: Jesús Galiana Moreno, Antonio V. Sempere Navarro, 2022.
- Compendio de Derecho Sindical. Antonio Ojeda Avilés. 4ª Ed., 2020.
- Official Journal (OJ) for EU Legislation.
- Research Handbook on Transnational Labour Law. Adelle Blackett and Anne Trebilcock (eds.), Edward Elgar Publishing, 2015.
- Collective Bargaining and Collective Action- Labour Agency and Governance in the 21st Century?, Julia Lopez Lopez (ed.), Hart Publishing, 2020.
- EU Collective Labour Law. Beryl ter Haar and Attila Kun (eds.), Edward Elgar Publishing, 2021.
- ILO, UN, Council of Europe, ETUC and ITUC resources.