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Labour Law 2017/2018

  • 4 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

The student must be able to:

- Define the scope and object of labor law and recognize the sources of labor law;
- Distinguish the employment contract of related contracts;
- Identify the essential elements of the formation of the employment contract;
- Appoint the rights and duties of the subjects of the employment contract;
- Characterize the contents of the employment contract and identify the employment contracts subject to special arrangements;
- Appoint and characterize the various forms of working time duration and organization;
- To determine qualitatively and quantitatively the remuneration and other patrimonial benefits;
- Identify and characterize the vicissitudes contractual breach of contract;
- Identify and understand the status of the forms of termination of employment contract

Recommended Prerequisites

Fundamental notions of Law, General Theory of Civil Law I and II, Law of Obligations I and II

Teaching Metodology

The lectures are essentially characterized by the oral presentation of the syllabus, together with reference to case law. As part of a school that is to be interactive, it encourages the placement of issues and critical analysis of taught matter.
The classes are mainly intended to develop a practical perspective, the theoretical material taught, using the resolution of case studies, and critical analysis of legislation, case studies in jurisprudence, taking special preponderance answering questions.
At the same time, looking through the resolution of practical cases, resolve concrete legal problems, aiming to provide students with this very close contact with legal reality.
Throughout this process, we intend to encourage the student to research and develop a self-study.

Body of Work

Chapter I - Introductory notions and Labor Law Sources
Chapter II - The Employment Contract
Chapter III - Employment Contract Training
Chapter IV - Rights and Duties of Labour Subject
Chapter V - General and special content of the Labour contract
Chapter VI - Duration and Organisation of Working Time
Chapter VII - Remuneration and other payments
Chapter VIII - Contractual modifications and breach of contract
Chapter IX - Employment Contract Termination

Recommended Bibliography

- MARTINEZ, Pedro Romano - Direito do Trabalho. 7.ª Ed. Coimbra: Almedina, 2015
- RAMALHO, Maria do Rosário Palma - Tratado de Direito do Trabalho, Parte II - Situações Laborais Individuais. 5.ª Edição. Coimbra: Almedina, 2014.
- TOMÁS, Tenreiro Sérgio e David Falcão - Lições de Direito do Trabalho. 4.ª Ed. Coimbra: Almedina, 2016

Complementary Bibliography

- AMADO, João Leal - Contrato de Trabalho. 4.ª Ed. Coimbra: Coimbra Editora, 2014.
- FALCÃO, David e Susana Ferreira dos Santos - Casos Práticos Direito do Trabalho, Coimbra: Almedina, 2014.
- FERNANDES, António Monteiro - Direito do Trabalho. 17.ª Ed. Coimbra: Almedina, 2014.
- LEITÃO, Luís Manuel Teles de Menezes - Direito do Trabalho. 3.ª Edição Coimbra: Almedina, 2012
- MARTINEZ, Pedro Romano, Guilherme Machado Dray, Luís Gonçalves da Silva, Joana Vasconcelos, Luís Miguel Monteiro, Pedro Madeira de Brito, Código do Trabalho – Anotado, 10ª Edição, Almedina, 2016
- XAVIER, Lobo - Manual de Direito do Trabalho, 2ª Edição Revista e Actualizada. Lisboa: Verbo, 2014
- MEIRA, Deolinda Aparício, Helena Salazar, Margarida Azevedo, Tiago Pimenta Fernandes, António Sarmento Oliveira e André Almeida Martins, Manual de Direito do Trabalho, Porto: Vida Económica, 2017.

Weekly Planning

Theoretical classes

1st Week
Presentation
General considerations on the course program
bibliographies
Considerations on the teaching methodology
Introductory notions.
Object and scope of application of labor law.

2nd Week
Laboral legal situation – subjects, legal subordination and salary
Labor Law sources
International sources
Internal sources
Negotiable Collective Regulation Instruments
No Negotiable Collective Regulation Instruments
No Negotiable Collective Regulation Instrumen
Labour customs
Hierarchy of sources.

3rd Week
The Employment Contract - Concept and Elements
Other related contractual arrangements
Contract for the provision of service
Equivalent situations at the Employment Contract
Employment Contract Formation
Formation process
Labor Contract promise
Employment contract by adhesion
Information obligation on Employment Contract
Prerequisites of Labor Contract
Capacity and limitations to the celebration of Labor Contract
Object requirements
Invalidity of Contract


4th Week
Ancillary Clauses- The Condition and Term
Labour contract term
Temporary Work

5th Week
pecial requirements: Permanence Pact, non-competition Pact and exclusivity Pact
Trial Period
Duties and Guarantees for Labour Subjects
The worker's right to effective occupationon

6th Week
Workers Personality rights
Equality and Non-Discrimination
Legal Regime of Parenting
Content of an Employment Contract
Category and antiquity.
Activity contracted, Functional Flexibility and Ius variandi


7th Week
Category and antiquity
Workplace
Workplace transfer
Employment Contract termination with just cause by Worker
Labor contracts subject to special arrangements: Part-time, Intermittent Work, Services Commission and Telework.

8th Week
Duration and Working Time Organization
Working Time
Normal period of work
Adaptability
Bank Hours and Concentrate Schedule
Work schedule
Work schedule exemption
Overtime
Work by shifts
Night work.

9th Week
Duration and Organisation of Working Time .Continuation.
Right to Repose.
Weekly rest period. Holidays, vacations and absences.
Retribution in Repose Period
Salary
Concept
Retributive parcels
Determination of Salary value and Guaranteed Minimum Monthly Income
Compliance with the obligation to pay

10th Week
Contractual mofifications and breach of contract
Transfer of the establishment or company
The Contract Suspension by Fact Concerning Workers
Temporary reduction of Normal Working Period and Suspension of the Employment Contract by Fact Concerning the Employer
Absence Leave
Pre-retirement

11th Week
Written test

12th Week
Breach of contract
General effects
Breach of contract
General effects
Credit Guarantees
Status of limitation
Employment contract termination
Caducity
Revocation
Individual dismissal - Objective and Subjective Cause

13th Week
Power, Discipline and Dismissal Procedure for reasons attributable at the worker (Cause Subjective)
a) Indictment
b) Defense
c) Instruction
d) Decision
e) Suspension and Appeal
Unlawfulness of Dismissal
Dismissal with Objective just cause
Collective dismissal
Dismissal for Workplace Extinction
Dismissal for maladjustment
Notice and Labour Abandonment

Practical classes

1st Week
Practical exercises - Labour Law Sources (analysis and critique of legislation and case studies in jurisprudence)

2nd Week
Practical exercises - Figures Related and Similar to the Employment Contract (analysis and critique of legislation and case studies in jurisprudence)

3rd Week
Practical exercises - Ancillary clauses - The condition and the term (analysis and critique of legislation and case studies in jurisprudence)

4th Week
Practical exercises - Ancillary clauses - The condition and the term (analysis and critique of legislation and case studies in jurisprudence)

5th Week
Practical exercises - Invalidity of contract, special content (analysis and critique of legislation and case studies in jurisprudence)

6th week
Practical exercises - Trial period and personality rights (analysis and critique of legislation and case studies in jurisprudence)

7th Week
Practical exercises - Ius variandi (analysis and critique of legislation and case studies in jurisprudence)

8th Week
Practical exercises- Working place transfer (analysis and critique of legislation and case studies in jurisprudence)

9th Week
Practical cases - Duration and Organisation of Working Time Working time
Practical exercises - salary and other Retributive parcels..
Analysis and criticism of the legislation and case studies in jurisprudence.

10th
Practical exercises - salary and other Retributive parcels.
Practical exercises - Termination of employment contract. Dismissal with just cause subjective
Analysis and criticism of the legislation and case studies in jurisprudence)

11th Week
Practical exercises - Termination of employment contract. Dismissal with just cause subjective (analysis and criticism of the legislation and case studies in jurisprudence)

12th Week
Practical exercises- Termination of the contract with just cause by the worker (analysis and criticism of the legislation and case studies in jurisprudence)

Note: For calendar reasons, only 13 theoretical classe and 12 practical classes will be taught.

The date planned for the written test may be changed.

Demonstration of the syllabus coherence with the curricular unit's objectives

The student will be able to set the labor law and recognize the sources of labor law through Cap.I. The contents of the Caps. II to IV will enable the student to distinguish the employment contract of related contractual figures, identify the essential elements of the formation of the employment contract and list the rights and duties of the subjects of the employment contract. The characterization of the content of the employment contract and the identification of employment contracts subject to special arrangements is achieved by Ch. V. Caps VI and VII enable the student to name and describe the various forms of life and organization of working time and to determine the remuneration and other benefits balance through Cap.VIII students will be able to identify the contractual events and characterize the breach of contract the identification and understanding of the legal status of the forms of termination of employment is achieved through the Cap . IX.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The expository method used in lectures show is appropriate for the transmission of the contents that make up this course, with an interactive component, secured by the space created in the classes for the placement of issues and analysis of specific cases in jurisprudence, essential for the best and faster learning of students. The analysis and critique of law, the case studies in jurisprudence and the resolution of practical cases create the conditions necessary for students to be able to define the scope and object of labor law and recognize the sources of labor law; distinguish the employment contract of related contractual figures; identify the essential elements of the formation of the employment contract; naming rights and duties of the subjects of the employment contract; the employment contract content and identification of employment contracts subject to special arrangements; name and characterize the various forms of life and organization of working time; determine qualitatively and quantitatively the remuneration and other equity benefits; identify the contractual vicissitudes and characterize the breach of contract and to identify and understand the status of the forms of termination of employment contract, the combination of contact hours in theoretical headquarters and practice favors the application by students of theoretical knowledge to cases concrete, stimulating essential independent study carried out by the student.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Research skillsYesYes
Written and verbal communications skillsYesYes
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