The subject Labour and Social Security Law I is one of the compulsory subjects in the third year of the Bachelor's Degree in Law. It is situated in the first four-month period of this course and is complemented by the subject Labour Law and Social Security Law II.



In this subject, the sources of Labour Law are studied, as well as the individual relationship, both from its beginnings - subjects, contracting, essential elements of the contract - and its development, functional mobility, geographical mobility, substantial modification of working conditions; and its termination, termination of the contract and dismissal.



Given its compulsory nature and as a subject in the last cycle of the Bachelor's Degree in Law, which regulates a very specific legal relationship, it should serve as a support for the Compulsory Practicals as well as for the Final Degree Project. The work that will be developed in this subject will allow students to solve basic legal problems such as the distinction between the employment contract and other related figures or the qualification of a dismissal, which have a very relevant importance in the performance of the legal profession.



In order to be able to develop Labour and Social Security Law I without excessive difficulty, it is necessary to have a basic knowledge of the sources of Law, as well as certain aspects of Administrative and Constitutional Law. In addition, elementary knowledge of European Union law, international public law and private law, such as civil law and commercial law, is necessary. With regard to the teaching of Labour Law, the fundamental objective to be pursued is the transmission to students of the knowledge of the normative-relational system on which the discipline is built, as well as training in the essential resources and techniques for its understanding, interpretation and application.



In achieving this objective, it must always be borne in mind that Labour Law is not the only discipline to be taught in a limited learning period; consequently, a knowledge similar to that acquired by the teacher in his/her research process can never be expected, but rather a minimum and serious one that can be translated into the demand for fluency in the handling of techniques and instruments from the ordinary theoretical and practical classes, and an eventual higher level for those students who are not able to acquire the necessary knowledge to be able to apply it.

COMPETENCIES:



C1 Acquire the basic knowledge, legal categories and institutions to explain the content of the sources and the individual relationship of labour law.

C2 To be able to search for and use relevant sources of law in the field of sources and the individual relationship of labour law.



C3 Develop the capacity for analysis, synthesis and critical reasoning in the field of sources and the individual relationship of labour law.



C4 Apply theoretical and practical knowledge in the resolution of conflicts linked to the sources and the individual relationship of Labour Law, taking into account the social, historical and economic reality in which it is developed, as a legal framework for channelling and providing solutions to the conflict between capital and labour in history, as well as its importance in the birth and evolution of the social systems of European nations, up to our times where its traditional legal instruments are used in the consolidation of an economic and social model for the whole of the European Union.





C5 Offer argued solutions based on an attitude of tolerance and recognition of the diversity of interests in the company or entity, demonstrating an integral training coherent with the fundamental rights of equality, non-discrimination and promotion of the culture of peace.



C6 Mastering the process of oral and written communication, based on the use of argumentation and critical reasoning techniques, so as to be able to effectively transmit their positions, reflections and legal conclusions to both expert and non-expert audiences.



C7 Ability to lead groups of people and to undertake new work, demonstrating sufficient capacity for organisation, work in small groups and planning.



C8 Manage one's own learning process and autonomous work in order to be able to successfully carry out the theoretical and practical activities of the course, as well as subsequent specialisation or recycling studies.





Upon successful completion of this subject, students should achieve the following LEARNING OUTCOMES, in a sequence that will be progressively assessed as follows:



RA1 Identifies and explains concepts, categories and legal institutions applicable to the field of sources and the individual relationship of Labour Law.



RA2 Identifies and analyses the applicable legislation and its interpretation, in conflicts linked to the sources and the individual relationship of Labour Law.



RA3 Identifies and analyses relevant case law and its interpretation, in conflicts linked to the sources and the individual relationship of labour law.



RA4 Applies theoretical and practical knowledge in the resolution of conflicts in the field of labour sources and the individual labour relationship, generating alternatives and justifying proposals coherent with fundamental rights, non-discrimination and peaceful coexistence.



RA5 Mastering the process of oral and written communication, using argumentation and critical reasoning techniques in face-to-face presentations and debates, as well as in written reports.



RA6 Manages the learning process, in a continuous and autonomous way in the development of the individual and group activities proposed.



RA7 Participates actively and appropriately in the face-to-face activities of contrast, analysis and debate.

PART I. THE SYSTEM OF SOURCES OF LABOUR RELATIONS



SUBJECT 1.- THE EMPLOYMENT RELATIONSHIP IN HISTORY



SUBJECT 2.- THE EMPLOYMENT RELATIONSHIP IN THE HISTORY OF SPAIN.



SUBJECT 3 .- THE SYSTEM OF LABOUR LAW SOURCES (CONSTITUTIONALISATION AND INTERNATIONALISATION OF LABOUR LAW).



SUBJECT 4.- STATE SOURCES AND THOSE OF THE CC. THE STATE SOURCES AND THOSE OF THE COLLECTIVE AGREEMENTS.



SUBJECT 5.- THE COLLECTIVE AGREEMENT AS A SOURCE OF REGULATION.



SUBJECT 6.- OTHER SOURCES IN A BROAD SENSE.



SUBJECT 7.- THE APPLICATION AND INTERPRETATION OF LABOUR SOURCES.



PART II.- THE EMPLOYMENT CONTRACT



SUBJECT 8.- THE WORKER SUBJECT



SUBJECT 9.- THE SUBJECT EMPLOYER OR ENTREPRENEUR



SUBJECT 10.- THE PLACEMENT AND ENTRY TO WORK.



SUBJECT 11.- THE EMPLOYMENT CONTRACT.



SUBJECT 12.- MODALITIES OF THE EMPLOYMENT CONTRACT.



SUBJECT 13.- THE POWER OF MANAGEMENT AND THE EMPLOYER'S RESPONSIBILITY.



SUBJECT 14.- THE TYPE AND MODE OF THE PROVISION OF WORK.



SUBJECT 15.- THE TIME OF THE PROVISION OF WORK.



SUBJECT 16.- THE PROVISION OF WAGES.



SUBJECT 17.- THE VICISSITUDES OF THE EMPLOYMENT CONTRACT.



SUBJECT 18.- THE TERMINATION OF THE EMPLOYMENT CONTRACT (I).



SUBJECT 19.- THE TERMINATION OF THE EMPLOYMENT CONTRACT (II).



SUBJECT 20.- SELF-EMPLOYMENT OR FREELANCE WORK.

The development of practices directly related to the course syllabus.



Lectures will be given in expository classes and student participation will be encouraged.



The practical teaching will be channelled through the resolution of practical cases or practices of the subject that will be carried out individually or in groups.



The methodological aspects will be specified through guides that will be published on the egela teaching support platform.

• Final Assessment System
• Tools and qualification percentages:
  • Oral defense (%): 70
  • Realization of Practical Work (exercises, cases or problems) (%): 30

In this subject, the final evaluation system will be followed with the exceptions indicated in this guide (activities during the course that will represent up to 30% of the final grade).



In order to achieve the 30% of the mark, the activities proposed in class will be carried out. Among them:



- Resolution of practical cases and, where appropriate, oral presentation.

- Active participation in class activities individually or in groups.



70% of the final mark will be obtained through a test or tests containing theoretical and/or practical content, in oral or written form, as specified in class on the basis of the enrolment of the group of students.



A system of FINAL EVALUATION of the course performance will be followed, with the following distribution and nuances:



- 70% of the mark depending on the exam, which will be oral in its theoretical part (or, where appropriate, written), and will also consist of a written practical case study; unless the completion of the final practical case study is not necessary because the students have obtained 1.5 points in the practical exercises which represent 30% (3 points) of the final mark.

- 30% of the mark depending on the practical exercises carried out during the course, where the resolution or participation in the practical exercises (resolution of legal cases and problems and/or analysis of texts proposed by the teacher, etc.) will be valued with up to 3 points. It is necessary to obtain a minimum of 4 points out of 10 in the theory exam in order for the practical exercises mark to be taken into account.



In the event that the group exceeds 40 students, the teacher may decide that the theory exam will be written.

Students will be assessed on the basis of the proposed learning outcomes.

The continuous assessment mark (maximum 3 points) will be retained in the special exam in July.



According to the regulations on student assessment in UPV/EHU undergraduate degrees (para. 8), students will have the right to be assessed through the final assessment system, regardless of whether or not they have participated in the continuous assessment system.

In order to do so, i.e. in the case of wishing to waive the practical exercise, which represents up to 30% of the final mark, students will have a period of 9 weeks. The period will start to run from the beginning of the term, by submitting it in writing to the lecturer responsible for the subject.



Students who opt for the final assessment will be able to obtain 100% of the mark by means of a final test of the whole course, which will consist of a theoretical-practical test.

The test will take place during the official examination period (art. 8.2 b).



As this is a final assessment system, in order to waive the assessment period, it will be sufficient not to take the final exam (art. 12.3).

In accordance with the UPV/EHU assessment regulations (art. 9.2), assessment in the extraordinary exam sessions will be carried out exclusively through the final assessment system.



In the final assessment test of the extraordinary call, the attainment of knowledge and competences inherent to the whole subject will be accredited by means of a final test in which students may obtain 100% of the grade (art. 9.3) and which will consist of a theoretical and a practical part.

Where appropriate, the positive results obtained by students during the course may be retained. In the event that they are negative, these results may not be kept for the extraordinary exam, in which students may obtain 100% of the grade (art. 9.3).



Failure to take the final exam set on the official exam date will result in the student being withdrawn from the exam (art. 12.3).

Legislación social básica (Civitas), by Profs. Serrano and Sequeira; or Legislación laboral y de la Seguridad Social (Aranzadi) Profs. Galiana and Sempere Navarro. In any case, it is essential to use the latest editions.

Basic bibliography

1. Compendio de Derecho del Trabajo", Cruz Villalón (Tecnos), latest edition.

2. "Derecho del Trabajo", Garcia Ninet and Vicente Palacio (Aranzadi), latest edition.

3. "Derecho del Trabajo", Martín Valverde, Rodríguez Sañudo and García Murcia (Tecnos), latest edition.

4. "Derecho del Trabajo", Luis Miguel Camps and Juan Manuel Ramirez (Tirant lo Blanch), latest edition.

5. "Derecho del Trabajo", Montoya Melgar (Tecnos), latest edition.

6. "Derecho del Trabajo" by Professors Palomeque and Alvarez de la Rosa (CEURA), latest edition.

7. "Manual de Derecho del Trabajo", Ignacio Garcia-Perrote Escartin (Tirant lo Blanch), latest edition.

8. "Curso básico de Derecho del Trabajo (Para titulaciones no jurídicas)", Juan Manuel Ramírez Martínez (Tirant lo Blanch), latest edition.

Derecho del Trabajo", Luis Miguel Camps and Juan Manuel Ramirez (Tirant lo Blanch), latest edition.

In-depth bibliography

1.- De la Servidumbre al Contrato deTrabajo, Manuel Alonso Olea, (Tecnos, 1987)
2.- Introducción a la Economia del Trabajo, Luis Enrique De la Villa Gil, (Debate, 1978)
3.- Derecho del Trabajo e Ideología, Carlos Palomeque Lopez, (Tecnos 1987).
4.- European Union Law. Editor/a . Barnard, Catherine Editor/a . Peers, Steve
Oxford University Press. 3rd ed., 2020

Journals

Aranzadi Social
Civitas: Revista Española de Derecho del Trabajo y de la Seguridad Social
Documentación Laboral
Droit ouvrier
Droit social
Economía & lavoro: rivista quadrimestrale di politica economica, sociologia e relazioni industriali
Estudios financieros. Revista de trabajo y seguridad social: Comentarios, casos prácticos : recursos humanos
Estudios Latinoamericanos de Relaciones Laborales y Protección Social
Foro de Seguridad Social
Gaceta sindical: reflexión y debate
Giornale di diritto del lavoro e di relazioni industriali
Industrial & labor relations review
Información laboral. Jurisprudencia (Doctrina y comentarios)
Información laboral. Legislación y convenios colectivos (Doctrina y comentarios)
Iuslabor
Lan Harremanak
Lavoro e Diritto
Relaciones laborales: Revista crítica de teoría y práctica
Revista de derecho de la seguridad social. Laborum
Revista de Derecho Social
Revista de información laboral
Revista de Seguridad Social
Revista del Ministerio de Trabajo e Inmigración: Revista del Ministerio de Empleo y Seguridad Social
Revista General de Derecho del Trabajo y de la Seguridad Social
Temas laborales: Revista andaluza de trabajo y bienestar social
Trabajo: Revista iberoamericana de relaciones laborales
Trabajo y derecho: nueva revista de actualidad y relaciones laborales
Transfer: European Review of Labour and Research
Tribuna social: Revista de seguridad social y laboral

Web addresses

www.sepe.es (Servicio público de Empleo)
www.ine.es (Instituto Nacional de Estadística).
www.empleo.gob.es/index.htm (Ministerio de Empleo y Seguridad Social)
www.ces.es (Consejo Económico y Social)
www.cesvasco.es (Consejo Económico y Social CAV)
europa.eu.int/pol/socio/index_es.htm (Actividades de la UE. Empleo y Política Social)
www.ilo.org/public/spanish/ (Organización Internacional de Trabajo)
www.tribunalconstitucional.es (Tribunal Constitucional)
www.poderjudicial.es (Consejo General del Poder Judicial)
www.ine.es (Instituto Nacional de Estadística).
europa.eu.int/pol/socio/index_es.htm (Actividades de la UE. Empleo y Política Social)