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Labour Law 2017/2018

  • 6 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 from other related contractual arrangements;
- Identify the essential elements of the formation of the employment contract;
-Appoint and explain the rights and duties of the subjects of the employment contract;
- Characterize the content of the employment contract and identify the employment contracts governend by specific rules
- Explain and characterize the various forms of duration and organization of working time;
-Determine qualitatively and quantitatively the salary and other payments;
- Identify the contractual modifications and characterize the breach of contract legal framework
- Identify and understand the the legal framework governing the termination of the contract

Recommended Prerequisites

Introduction to Law, General Theory of Civil Law I and II, Law of Obligations I and II

Teaching Metodology

It will be used the expositive and interrogative methods
The theoretical component of the classes is characterised by the oral presentation of the syllabus, sustained by real cases and the analysis of case law.
Considering a teaching methodology that intends to be interactive, the questioning and critical analysis of the law and case law are stimulated.
The practical component aims to develop the theoretical subjects, using the interrogative method, solving practical cases and analysing legislation and case law. The explanation of doubts has an important role during this classes.
At the same time, students will deal with specific legal issues, aiming to provide them a very close contact with the legal reality
Throughout this process, students are encouraged to develop an autonomous study.

Body of Work

Chapter I - Introductory notions and Labor Law Sources
Chapter II - The Employment Contract
Chapter III - Employment Contract Formation
Chapter IV - Right and Duties of Labour Subjects
Chapter V - General and special content on Labor Contract
Chapter VI - Duration and Organisation of Working Time
Chapter VII - Salary 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

- XAVIER, Lobo - Manual de Direito do Trabalho, 2ª Edição Revista e Actualizada. Lisboa: Verbo, 2014

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.
-GONÇALVES, Luísa Andias e Ana Lambelho, -Manual de Direito do Trabalho - Da teoria à prática, Coimbra: Coimbra Editora, 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
-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.
- TOMÁS, Tenreiro Sérgio e David Falcão - Lições de Direito do Trabalho. 4.ª Ed. Coimbra: Almedin

Weekly Planning

Theoretical classes

1st Week
Presentation.
General considerations on the study plan bibliographies.
Considerations on teaching methodology.
Purpose and Scope 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.


3rd Week
Labour customs.
Hierarchy of sources.
The Employment Contract - Concept and Elements
Other related contractual arrangements.
Contract for the provision of services.
Equivalent situations at the Employment Contract.

4th Week
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.

5th Week

Ancillary Clauses- The Condition and Term.
Labour contract term.
Temporary Work.

6th Week
Temporary Work.
Special requirements: Permanence Pact, non-competition Pact and exclusivity Pact.
Trial Period.
Duties and Guarantees for Labour Subjects.
The worker's right to effective occupation.

7th 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.

8th Week
Workplace Transfer. Labor contracts subject to special. arrangements: Part-time, Intermittent Work, Services Commission and Telework.

9th 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.

10th Week
Duration and Organisation of Working Time .Continuation.
Right to Repose.
Weekly rest period. Holidays, vacations and absences.
Retribution during holidays.

11th Week
Salary.
Concept.
Retributive parcels.
Determination of Salary value and Guaranteed Minimum Monthly Income.
Compliance with the obligation to pay.
Breach of contract.
General effects.
The non-fulfilment attributable to the worker.
The non-fulfilment attributable to the Employer Workers.
Credit Guarantees.
Status of limitation.

12th Week
Contractual Modifications.
The Assignment of Contract.
Undertaking and Establishment transfer.
Occasional assignment of the worker.
Reduced activity and contract suspension.
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.


13th Week
Employment contract termination.
Caducity.
Revocation.
Individual dismissal - Objective and Subjective Cause
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

14th Week
Dismissal with objective just cause.
Collective dismissal.
Dismissal for workplace extinction.
Dismissal for maladjustment.
Labor Contract Resolution by Worker.
Termination and Labour Abandonment.

For calendar reasons, will be taught 12 theoretical classes in the 3º A, but will be taught 15 theoretical classes in the 3º B.
The mini test will be held in the evening class 8 (3º B) schedule in 13th classe.

The date planned for the written tests may be changed.

Pratical lessons

1st Week
Presentation.
General consideration
Resolution of practical exercises - Labour Law Sources (analysis and criticism of the legislation and case studies in jurisprudence). Students questioning.

2nd Week
Resolution of practical exercises - Figures Related and Similar to the Employment Contract (analysis and criticism of the legislation and case studies in jurisprudence).



3rd Week
Resolution of practical exercises - Ancillary clauses - The condition and the term (analysis and criticism of the legislation and case studies in jurisprudence).

4th Week
Resolution of practical exercises - Ancillary clauses - The condition and the term (analysis and criticism of the legislation and case studies in jurisprudence).

5th Week
Resolution of practical exercises - Invalidity of the contract, special requirements (analysis and criticism of the legislation and case studies in jurisprudence). Students questioning.

6th Week
Resolution of practical exercises - Trial period and personality rights (analysis and criticism of the legislation and case studies in jurisprudence). Students questioning.

7th Week
Resolution of practical exercises - Ius variandi (analysis and criticism of the legislation and case studies in jurisprudence).

8th Week
Resolution of practical exercises – Workplace transfer (analysis and criticism of the legislation and case studies in jurisprudence).

10th Week
Resolution of practical exercises - Duration and Organisation of Working Time (analysis and criticism of the legislation and case studies in jurisprudence).

10th week
Resolution of practical exercises - Duration and Organisation of Working Time (analysis and criticism of the legislation and case studies in jurisprudence).


11th Week
Resolution of practical exercises Salary and other Retributive parcels. (Analysis and criticism of the legislation and case studies in jurisprudence). Students questioning.

12th Week
Resolution of practical exercises - Termination of employment contract. Dismissal for subjective cause. (Analysis and criticism of the legislation and case studies in jurisprudence)

13th Week
Resolution of practical exercises - Termination of the contract with just cause by the worker (analysis and criticism of the legislation and case studies in jurisprudence).

14º Semana
Dismissal with objective just cause. (Analysis and criticism of the legislation and case studies in jurisprudence) Students questioning.

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

The student must be able to define the scope and object of labor law and recognize the sources of labor law through Ch I;Chs II to IV will enable the studet to distinguish the employment contract from other contractual arrangements, identify the essential elements of the formation of the employment contract and appoint and explain the rights and duties of the subjects of the employment contract. The
characterizarion of the employment contract content and the identification of the employment contracts governed by specific rules is attained by Chr V. Ch VI and VII will enable the studet to explain and characterize the various forms of duration and organization of working time and to determine qualitatively and quantitatively the saçlary and other benefits.
Through Ch VIII and IX will be able to identify the contractual modifications and characterize the breach of contract legal framework and understand the legal framework governing the termination of the contract.

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

Methods expositive and interrogative, coordinated with case law analysis and resolution of practical exercises, will be used to attain the following objectives:- 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; -Appoint and explain the rights and duties of the subjects of the employment contract;- Characterize the content of the employment contract and identify the employment contracts governend by specific rules; - Explain and characterize the various forms of duration and organization of working time; -Determine qualitatively and quantitatively the salary and other benefits; - Identify the contractual modifications and characterize the breach of contract legal framework; - Identify and understand the the legal framework governing the termination of the contract.

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