| Educational guide Faculty of Business and Economics |
english |
| Double degree in Business Administration and Management and Law (2014) |
 Subjects |
| LABOUR LAW AND THE SOCIAL SECURITY |
| Contents |
| IDENTIFYING DATA | 2023_24 |
| Subject | LABOUR LAW AND THE SOCIAL SECURITY | Code | 16914117 | |||||
| Study programme |
|
Cycle | 1st | |||||
| Descriptors | Credits | Type | Year | Period | ||||
| 8 | Compulsory | Third | 2Q |
|||||
| Competences | Learning outcomes | Contents |
| Planning | Methodologies | Personalized attention |
| Assessment | Sources of information | Recommendations |
| Topic | Sub-topic |
| BLOCK I: INDIVIDUAL LABOR LAW TOPIC 1. THE CONCEPT AND SCOPE OF LABOR LAW |
1. Work as an object of Labor Law 2. Concept and definition of the employment contract 2.1 Identification notes of the labour relationship 2.2 Declaratory and constitutive exclusions on the employment contract 2.3 Labor relations of a special nature |
| TOPIC 2. THE SOURCES OF LABOR LAW | 1. International labor sources 2. National labor sources 2.1 The Spanish Constitution: content and competences in matters of Labor Law and Social Security 2.2 State labor regulations 2.3 The collective agreement 2.4 The employment contract 2.5 Customs and labor practices |
| TOPIC 3. THE APPLICATION, INTERPRETATION AND VALIDITY OF THE LABOR RULES | 1. Principles of application of labor standards 2. The interpretation of labor regulations and the in dubio pro operario principle 3. The validity of labor regulations 4. The determination of the law applicable to the individual international employment contract |
| TOPIC 4. PARTS, TRAINING AND ACCESSORY AGREEMENTS OF THE EMPLOYMENT CONTRACT | 1. The parties to the employment contract 1.1 The employer 1.1.1 Difference between company, employer, employer and workplace 1.1.2. The group of companies 1.1.3 Ability to hire 1.1.4. Freedom of contract and its limits 1.2 The employee 1.2.1. Ability to work 1.2.2 Hiring of foreign people 2. The formation of the employment contract 2.1 Capacity, object, cause and consent in the employment contract 2.2 Validity and nullity of the employment contract 2.3 The form in the employment contract. Presumption of existence of the employment contract. The basic copy of the employment contract. 2.4 Condition and term 2.5 The trial period 3. Agreements ancillary to the employment contract 3.1 Agreement of full dedication 3.2 Agreement of permanence in the company 3.3 Post-contractual non-competition agreement |
| TOPIC 5. THE MODALITIES AND TYPES OF EMPLOYMENT CONTRACT | 1. The indefinite contract 1.1 The common or ordinary indefinite contract 1.2 The indefinite fixed discontinuous contract 2. Temporary employment 2.1 Common principles and rules of temporary employment 2.2 Typology of temporary contracts 2.2.1 The contract due to production circumstances 2.2.1.1 Occasional and unforeseeable situations 2.2.1.2 Occasional and foreseeable situations 2.2.2 The contract for substitution 3. Training recruitment 3.1 Training employment contracts vs. non-work practices 3.2 Non-work practices 3.3 Training employment contracts 3.3.1 Common principles and rules of training employment contracts 3.3.2 Typology 3.3.2.1 The training employment contract with alternation 3.3.2.2 The training employment contract for obtaining professional practice 4. The part-time contract 5. The hand-over/relay contract 6. Remote work and telecommuting |
| TOPIC 6. LABOR ASPECTS OF BUSINESS FRAGMENTATION AND OUTSOURCING | 1. Advantages and risks of business fragmentation and outsourcing 2. Multi-service companies and platform economy ('crowdsourcing' and 'on-demand work') 3. Main responses to business fragmentation and outsorcing in Spanish Labor Law 3.1 Contracts and subcontracts for works and services 3.2 Assignment of workers 3.2.1 Illegal assignment of workers 3.2.2 Legal assignment of workers and temporary work agencies (TEA) 3.3 Transfer of undertakings |
| TOPIC 7. THE RIGHTS AND DUTIES OF THE PARTIES TO THE EMPLOYMENT CONTRACT AND THE POWERS OF THE EMPLOYER | 1. The rights and duties of the employee 1.1 Basic rights 1.2 Duty of work and duty of obedience 1.3 Duty of care: due performance, collaboration and contribution to improving productivity 1.4 Duty of good faith 1.5 Prohibition of unfair competition and/or post-contractual non-competition agreement 1.6 Agreement of full dedication and agreement of permanence (remission) 2. The powers of the employer 2.1 Basics of the employer's powers 2.2 Faculty of direction, control and disciplinary: concept and substantive and procedural limits of its exercise 3. The duties of the employer 3.1 Duty of effective employment and timely remuneration 3.2 Duty of promotion and professional training of employees 3.3 The employer and the employee's fundamental rights 3.3.1 Decent and non-discriminatory treatment 3.3.2 Promotion of equality between women and men in the company and equality plans 3.3.3 Equality and non-discrimination and LGBTI and trans people 3.3.4 Right to privacy, right to protection of personal data and right to secrecy of communications 3.3.5 Other fundamental rights. The indemnity guarantee. 3.3.6 Reporting channels for regulatory violations and the fight against corruption and whistleblower protection 4. Health and safety rights and duties at work of the employer and the employee |
| TOPIC 8. THE TEMPORAL DETERMINATION OF THE PROVISION OF SERVICES | 1. Day and working hours. Daily record of the day. Irregular distribution of the day. 2. Overtime. Additional hours (remission). 3. Night work and night employees. Shift work 4. Punctual interruptions of the labor benefit 5. Reduction and adaptation of working hours 6. Weekly rest. Labor holidays. Work calendar annual leave. 7. Right to digital disconnection at work |
| TOPIC 9. REMUNERATION AND SALARY | 1. Concept of remuneration vs. salary concept The salary presumption. Extra-salary benefits. 2. The salary 2.1 Gross salary vs. net salary 2.2 The determination of the salary amount 2.2.1 The interprofessional minimum wage (IMW) 2.2.2 Equal pay due to gender 2.2.3 Double salary scales 2.2.4 Compensation and absorption 2.3 Typology 2.4 Salary structure: base salary and supplements 2.5 Form and place of salary. The supporting receipt and its functions. 2.6 The periodicity of the salary. Advances and punctuality. 2.7 The protection of salary credit 2.7.1 Late payment surcharge 2.7.2 Bankruptcy and non-bankruptcy situation 2.7.3 Ineligibility 2.7.4 The Salary Guarantee Fund ('FOGASA') |
| TOPIC 10. NOVATION AND VICISSITUDES OF THE EMPLOYMENT CONTRACT | 1. The novation of the employment contract and the reinforced preference of the modifying novation in labor law 2. The subjective modifying novation of the employment contract 3. The objective modifying novation 3.1 Geographical mobility: weak geographical mobility; substantial geographic mobility (transfers and commuting); and expatriation 3.2 Functional mobility 3.2.1 The professional classification 3.2.2 Common limits to functional mobility 3.2.3 Modalities of functional mobility: for professional promotion (promotions); by strict unilateral will of the employer (internal, external and extraordinary); and as an instrument for preventing occupational risks. 3.3 The substantial modification of working conditions 3.4 The suspension of the employment contract 3.4.1 General questions 3.4.2 Typology 3.5 Leave of absence 3.5.1 Voluntary 3.5.2 Compulsory: exercise of public or trade union office. 3.5.3 To take care of children and relatives 3.6 Substitutions |
| TOPIC 11. THE TERMINATION OF THE EMPLOYMENT CONTRACT | 1. Typology of terminations of the employment contract 1.1 By the will of both parties 1.2 By the will of the employee 1.3 For reasons beyond the control of the parties 2. Redundancies: classes, form and effects 2.1 Disciplinary dismissal 2.2 Objetive dismissal 2.3 Collective dismissal 2.4 Dismissal due to force majeure |
| BLOCK II: COLLECTIVE EMPLOYMENT LAW TOPIC 12. REPRESENTATION AND EMPLOYEES' PARTICIPATION IN THE COMPANY |
1. The constitutional and legal model of employees' participation in the company 2. Unitary representation 2.1. Staff delegates and the work council: creation, electoral procedure, implementation, organization, operation and mandate 2.2 Powers of staff delegates and the works council 2.3 Guarantees and facilities for staff delegates and the works council 3. Union representation 3.1 Freedom of association as a prior issue 3.2 The trade union representative 3.3 The union section 4. The right of assembly of employees in the company |
| TOPIC 13. COLLECTIVE LABOR BARGAINING | 1. Normative recognition of collective bargaining and typology of negotiable agreements 2. The statutory collective agreement 2.1 General characteristics 2.2 Negotiation procedure 2.2.1 Initiative, deliberative legitimacy and constitution of the negotiating committee 2.2.2 Content 2.2.3 Deliberation and adoption of agreements 2.2.4 Registration, deposit and publication 2.3 Control of legality and challenge 2.4 Application and interpretation 2.4.1 Validity and duration. Ultraactivity/ extended validity. Succession of agreements 2.4.2 Interpretation 2.4.3 Accession and extension 2.4.4 Non-application of the working conditions provided for in the statutory collective agreement |
| TOPIC 14. THE STRIKE AND THE LOCKOUT | 1. The strike 1.1 Constitutional recognition and regulatory regulation 1.2 Right holder 1.3 Types or modalities 1.4 Procedure, exercise and termination 1.5 Limits 1.5.1 General framework 1.5.2 Maintenance of essential services for the community 1.5.3 Strikebreaking 1.6 Effects 2. Lockout 2.1 Constitutional recognition and regulatory regulation 2.2 Right holder and causes 2.3 Procedure and termination 2.4 Effects |
| BLOCK III: LABOR ADMINISTRATIVE AND PROCEDURAL LAW TOPIC 15. LABOR AND SOCIAL SECURITY INSPECTION |
1. Functions of the Labor Inspection 2. Scope of the Labor Inspection 3. Forms of action of the Labor Inspection 4. Measures derived from the inspection activity 5. Sanctioning administrative procedure |
| TOPIC 16. THE LABOR PROCESS | 1. Jurisdiction and competence in the labor process 2. The parties in the labor process 3. The avoidance of the process 4. The ordinary or common process 5. The procedural modalities 6. The means of appeal 6.1. The appellate procedure 6.2. The cassation appeal 6.3. The cassation appeal for the unification of doctrine |
| BLOCK IV: SOCIAL SECURITY LAW TOPIC 17. FUNDAMENTALS OF THE SOCIAL SECURITY SYSTEM AND ORGANIZATION |
1. Field of application and structure of Social Security 1.1 Field of application 1.2 Structure of Social Security 2. The management of Social Security 2.1 The management entities and Common Services 2.2 Collaboration in management 2.2.1 Mutual Social Security Collaborators 2.2.2 The collaboration of companies 3. The acts of framing in the Spanish Social Security: registration of companies, affiliation; discharge, variations and situations similar to discharge; and down 4. Legal and economic aspects of the Spanish Social Security 4.1 Financing 4.2 Quotation 4.3 Collection |
| TOPIC 18. PROTECTIVE ACTION IN THE GENERAL REGIME OF SOCIAL SECURITY | 1. Protected contingencies: work accident and occupational disease 2. General legal regime of benefits 3. Health care benefits 4. Benefits for temporary incapacity, birth and care of a minor, co-responsible exercise of the infant, risk during pregnancy, risk during natural breastfeeding and care of minors and those affected by cancer or another serious illness 5. Permanent disability 6. Retirement 7. Death and survival 8. Family benefits 9. Unemployment |
