Educational guide | ||||||||||||||||||||||||||||||||||||||||
IDENTIFYING DATA | 2023_24 | |||||||||||||||||||||||||||||||||||||||
Subject | NATIONAL AND INTERNATIONAL LEGAL FRAMEWORK OF LABOUR LAW | Code | 00512020 | |||||||||||||||||||||||||||||||||||||
Study programme |
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Descriptors | Credit. | Type | Year | Period | ||||||||||||||||||||||||||||||||||||
6 | Compulsory | Second | Second |
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Language |
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Prerequisites | ||||||||||||||||||||||||||||||||||||||||
Department | DERECHO PRIV. Y DE LA EMPRESA |
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Coordinador |
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halvc@unileon.es jgquih@unileon.es cgonv@unileon.es |
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Lecturers |
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Web | http:// | |||||||||||||||||||||||||||||||||||||||
General description | THE STUDY OF NATIONAL AND INTERNATIONAL RULES OF CONTRACT OF EMPLOYMENT | |||||||||||||||||||||||||||||||||||||||
Tribunales de Revisión |
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Competencias |
Code | |
A6346 | |
A6353 | |
A6355 | |
A6364 | |
A6401 | |
A6463 | |
A6474 | |
A6521 | |
A6532 | |
A6541 | |
A6542 | |
A6554 | |
B786 | |
B787 | |
B788 | |
B789 | |
B792 | |
B793 | |
B794 | |
B795 | |
B797 | |
B798 | |
C2 | CMECES2 That students know how to apply their knowledge to their work or vocation in a professional manner and possess the skills that are usually demonstrated through the development and defense of arguments and the resolution of problems within their area of study. |
C3 | CMECES3 That students have the ability to gather and interpret relevant data (normally within their area of study) to make judgments that include reflection on relevant issues of a social, scientific or ethical nature. |
C4 | CMECES4 That students can transmit information, ideas, problems and solutions to both a specialised and non-specialised audience |
C5 | CMECES5 That students have developed those learning skills necessary to undertake further studies with a high degree of autonomy |
Learning aims |
Competences | |||
Identify legal operators in national and international labor relations | A6346 A6355 A6463 |
B787 |
C2 |
Apply the regulatory sources of the employment contract in the Spanish and international situations | A6353 A6554 |
B788 |
C3 |
Solve the problems that arise in relation to the hiring of workers and during the course of the employment relationship, especially how to deal with the various changes that may arise in working conditions | A6541 A6542 |
B789 |
C4 |
Learn to manage the termination of the employment contract, what are the procedures to follow and the consequences for worker and employer | A6364 A6463 A6474 |
B792 |
C5 |
Learn the implications for companies operating in Spain and abroad has the system of participation of workers in the production process | A6364 A6474 |
B793 |
C5 |
Learn the legal nature and obligation of the Conventions and Recommendations issued by the International Labor Organization | A6521 A6542 |
B794 |
C5 |
Learn the practical importance that the European Union's regulatory body has for the member countries, companies and citizens of the European Union | A6364 A6532 |
B795 |
C2 |
To solve the problems raised in relation to the provision of services of displaced workers in the community sphere. | A6401 A6521 |
B786 B797 B798 |
C3 |
Contents |
Topic | Sub-topic |
I: REGULATION FOR THE PROTECTION OF THE RIGHTS OF WORKERS IN THE INTERNATIONAL FIELD | 1.- LABOR RELATIONS IN THE INTERNATIONAL FIELD. 1.- Scope of application of Labor Law 2.- International agreements and treaties 3.- Sources and rules of Community Law 2: THE INTERNATIONAL LABOR ORGANIZATION 1.- Origin and constitution of The international organization of work 2.-Guiding principles of the International Labor Organization 3.- Organizational structure, composition and functions of the ILO. 4.- ILO Conventions. 3 TRANSNATIONAL COLLECTIVE STANDARDS 1.- International Framework Agreements 2.- Social responsibility of multinational companies |
II: NORMATIVE COMPETENCE OF THE EUROPEAN UNION IN THE LABOR JURIDICAL FIELD | 4 FREE CIRCULATION OF WORKERS AND PROVISION OF TRANSNATIONAL SERVICES 1.- Free movement of workers: concept 2.-Legal system of free movement 3.- Displacement of workers within the framework of a transnational service provision. 4.- Spanish regulation 5 RIGHTS IN SOCIAL SECURITY LAW 1.-Social Security Concept 2.- Benefits and access requirements in Spain 3.- Guiding principles of the community regulations 4.- Bilateral and multilateral agreements in matters of Social Security 6 EQUALITY AND NON-DISCRIMINATION IN EMPLOYMENT 1.- Protected causes for non-discrimination at the international, European and national levels 2.- Equality in matters of remuneration 3.- Equality in access, training, promotion and working conditions 7 WORKING TIME 1.- Organization of working time in the European Union 2.- Parental permission in the European Union 3.- Part-time contract in the European Union 4.- Spanish regulation 8 SAFETY AND HEALTH AT WORK 1.- Risk prevention in Community Law 2.- Spanish regulation 9 CRISIS AND COMPANY RESTRUCTURING 1.- Transmission of a company in the European Union 2.- Collective redundancies in the European Union 3.- Business insolvency in the European Union 4.- Information rights and consultation of workers in the European Union 5.- Spanish regulation |
Planning |
Methodologies :: Tests | |||||||||
Class hours | Hours outside the classroom | Total hours | |||||||
Problem solving, classroom exercises | 15 | 15 | 30 | ||||||
Personal tuition | 5 | 10 | 15 | ||||||
Lecture | 45 | 55 | 100 | ||||||
Extended-answer tests | 3 | 0 | 3 | ||||||
Practical tests | 2 | 0 | 2 | ||||||
(*)The information in the planning table is for guidance only and does not take into account the heterogeneity of the students. |
Methodologies |
Description | |
Problem solving, classroom exercises | Formulation, analysis, resolution and debate of a problem or exercise related to the content of the subject. |
Personal tuition | The collective tutorials will take place in the ordinary classroom and will consist of a review and sharing of the topics explained and studied to highlight and solve the problems or doubts that may arise in the students. |
Lecture | Exhibition of the theoretical-practical contents of the subject by the teacher promoting the intervention and reflection of the students |
Personalized attention |
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Assessment |
Description | Qualification | ||
Problem solving, classroom exercises | The continuous evaluation will be carried out through the resolution of the cases proposed in class on the dates indicated by the Professor. In its correction, the following criteria will be taken into account: correct approach to the solution, structure, quality, proper use of the language, drafting, hermeneutic interpretation of the standard, critical capacity and clarity in the exhibition. |
25% | |
Extended-answer tests | In addition to the second ordinary session, students can take two exams: a theoretical, voluntary and liberatory partial exam consisting of several questions within a maximum period of one and a half hours. The possession and use of mobile and / or electronic devices during the celebration of the tests is strictly prohibited. The simple possession of these devices as well as notes, books, folders or miscellaneous materials not authorized during the evaluation tests, will suppose the immediate withdrawal of the exam, its expulsion of the same one and its qualification like suspense, communicating the incidence to the Academic Authority of the Center to perform the actions provided in the Guidelines for Action in the Cases of Plagiarism, Copy or Fraud in Exams or Evaluation Tests, approved by the Permanent Commission of the Governing Council of January 29, 2015. " The student must overcome, independently, the theoretical part and the practical part to pass the subject. The evaluation criteria will be the following: a) Adequacy and correction in the form. The absence of spelling errors, the cleanliness of the writing and the good presentation of the exam will be explicitly assessed. No type of abbreviation will be admitted, except for the usual receipt in the legal field. Those exams that are illegible should be read before the teachers of the discipline in the revision phase of the same. b) Construction and legal reasoning, with legal references that deal with the subject and the indications of scientific and jurisprudential doctrine made in class or contained in the recommended bibliography. |
50% | |
Practical tests | In addition to the second ordinary session, students can take a practical exam, to be done within a maximum period of one and a half hours, which will consist of one or several cases to be solved by the student. The student must overcome, independently, the theoretical part and the practical part to pass the subject. During the development of the tests will not be allowed to handle any material except for the printed legislation. The possession and use of mobile and / or electronic devices during the celebration of the tests is strictly prohibited. The simple possession of these devices as well as notes, books, folders or miscellaneous materials not authorized during the evaluation tests, will suppose the immediate withdrawal of the exam, its expulsion of the same one and its qualification like suspense, communicating the incidence to the Academic Authority of the Center to perform the actions provided in the Guidelines for Action in the Cases of Plagiarism, Copy or Fraud in Exams or Evaluation Tests, approved by the Permanent Commission of the Governing Council of January 29, 2015. " |
25% | |
Other comments and second call | |||
The practices carried out during the semester will have to be delivered within the deadline and according to the agreement established by the professor, otherwise, they will not be evaluated.
To pass the subject is essential to obtain at least a 5 both in the development test and in the practical test (to be assessed independently from 0 to 10).
In the second ordinary call, the development test and the practical test will be valuable, whose exam system will be similar to that of the first call. The final exam to be carried out in the second ordinary call for the student will consist of several theoretical questions and a practical case, all to be developed within a maximum period of three hours with the requirements set out for the first call regarding the use of legislation, and sources of physical or technological information. The simple possession of these devices as well as notes, books, folders or miscellaneous materials not authorized during the evaluation tests, will suppose the immediate withdrawal of the exam, its expulsion of the same one and its qualification like suspense, communicating the incidence to the Academic Authority of the Center to perform the actions provided in the Guidelines for Action in the Cases of Plagiarism, Copy or Fraud in Exams or Evaluation Tests, approved by the Permanent Commission of the Governing Council of January 29, 2015. |
Sources of information |
Access to Recommended Bibliography in the Catalog ULE |
Basic |
AAVV, Derecho social de la Unión Europea: aplicación por el Tribunal de Justicia, Francias Lefebvre, 2018 Fernández-Costales Muñiz, Desplazamientos transnacionales de trabajadores, Eolas, Lousada Arochena, El contrato de trabajo internacional, Lex Nova, Carolina Blasco Jover , El trabajo y la proteccion social de los ciudadanos europeos y no europeos en españa, Tecnos, 2020 AAVV, El Tribunal de Justicia de la Unión Europea ante el espejo del Derecho Social, Tirant lo Blanch, 2017 Martínez Girón et alii, Fundamentos de derecho comunitario y comparado de Derecho del Trabajo y de la Seguridad Socia, Netbiblo, Miranda Boto, Las competencias de la Comunidad Europea en materia social, Aranzadi, AAVV, Lecciones de Derecho social de la Unión Europea, Tirant lo blanch, Jesús Lahera Forteza, Manual de negociación Colectiva, Tecnos, 2021 |
AA.VV.: Lecciones de Derecho social de la Unión Europea, Valencia (Tirant lo Blanch), 2012. AA.VV.: Diccionario internacional de derecho del trabajo y de la seguridad social, Valencia (Tirant lo blanch), 2014. AA: VV. Curso elemental de derecho del trabajo y de la seguridad social, VELASCO PORTERO, T. y MIRANDA BOTO, J.M., Madrid (Tecnos), 2017. ALEMÁN PÁEZ, F.: Materiales didácticos del derecho del trabajo y políticas sociolaborales, Madrid (Tecnos), 2018. LOUSADA AROCHENA, F: El contrato de trabajo internacional, Valladolid (Lex Nova), 2013. MIRANDA BOTO, J.M.: "Las competencias de la Unión Europea en materia social", RMTIn, núm. 92, 2011. Given the evolutionary and changing nature of the discipline, special attention should be paid to the fact that the management of these works is done on the latest editions, in order to study updated texts. In addition to the works of the general character mentioned, can and should be resorted to the abundant and excellent monographic works in the labor law doctrine, as well as to the specialized magazines of periodic publication. The Seminar on Labor Law will guide the student and provide with the necessary information for the treatment of the different subjects. Finally, it should be noted that the management of normative texts, duly updated, is absolutely essential for the study and preparation of the subjects, there being various individual publications or abridged on them. Among them, those published by the publishers Aranzadi, Civitas or Tecnos are recommended. This is especially important for the realization of the practices that will take place throughout the course and that will focus on the theoretical matter taught. |
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Complementary | |
Cuestiones Actuales sobre Derecho Social Comunitario , Murcia (Laborum), 2009. La coordinación de los sistemas de seguridad social, Murcia (Laborum), 2010. Desplazamientos transnacionales de trabajadores(Estudios sobre la Directiva 96/71/CE), Thomson Aranzadi, 2011. |
Recommendations |