How to find us
|
Contacts

Labour Procedural Law 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

The student shall be able to:

- identify the general principles of procedural labor law, the labor jurisdictional system, including the role of the Sections of Work;
- to understand and apprehend the procedural requirements;
- understand and seize the main specificities of the labor procedural arrangements laid down in the Labour
Procedural Law Code in comparison with Civil Procedure, namely, in the scope of the Proceedings and Instance and the interim procedures;
-identifying and justify the specificities of ordinary procedure, in particular, attempts to settle the matter by
conciliation, the procedure relating to opposition to reinstatement of the worker regulating, appeals and the
enforcement proceedings.
-understand and know the various Special procedures. enshrined in the Labour Procedural Law Code.
The student, at the end of the course, should be able to apply the procedural labor law.

Recommended Prerequisites

Labour Law

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,underlying the practical cases to be solved, 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

1. Procedural Labour Law.;Introducion
2. The Labour Jurisdictional System
3.Labour Disciplinary Procedure
4. Fundamental Principles
5. Procedural requirements.
6. Proceedings and Instance
7. Interim measures.
8. Different types of lawsuits;
8.1 Ordinary procedure.
9.Appeal
10.Enforcement proceedings
11. Administrative offence proceeding judicial review
11.Special lawsuits.

Recommended Bibliography

AAVV - O novo Processo Civil - Impactos do Novo CPC no Processo do Trabalho, 2.ª ed, CEJ, 2014
AAVV, Estudos do Instituto de Direito do Trabalho - Volume VI ,coordenado por Pedro ROMANO MARTINEZ, Instituto de Direito do trabalho, Almedina,Coimbra, 2012
Martins, Alcides - Direito do Processo Laboral, 2.ª ed, Coimbra, 2015
Vasconcelos, Joana, Direito Processual do Trabalho,Universidade Católica, 2017

Complementary Bibliography

AAVV, Estudos do Instituto de Direito do Trabalho - Volume V - Jornadas de Direito Processual do Trabalho, Instituto de Direito do Trabalho, CEJ, CDLOA, Almedina,Coimbra, 2007
Baptista, Albino Mendes, A nova acção de impugnação do despedimento e a revisão do Código de Processo
do Trabalho, Coimbra Editora, Coimbra, 2010
Correia, João/ Pereira, Albertina - Código de Processo do Trabalho Anotado, Coimbra, 2015
Geraldes, António Santos Abrantes, Recursos no Processo do Trabalho, Novo Regime, Almedina, Coimbra,
2010
Geraldes, António Santos, Suspensão de Despedimento e Outros Procedimentos Cautelares no Processo do
Trabalho, Almedina, 2010
Martinez, Pedro Romano - Direito do Trabalho, 8.ª ed, Coimbra, 2017
Neto, Abílio, Código do Processo de Trabalho - Anotado, Ediforum, 2011
Pinheiro, Paulo Sousa - Curso Breve de Direito Processual do Trabalho, 2.ª ed, Coimbra, 2014

Weekly Planning

Theoretical classes

1st week
Presentation. General comments on the study plan, the methodology of classes and evaluation. Bibliography
Labour procedure law and civil procedure law.
Labour procedure law.Notion

2nd week
Procedural Labour Law system; Extralegal, Judicial and “sui generis” procedures. Mediation; Arbitration.
Jurisdiction of Labour Courts
Reference for a preliminary ruling.
The Labor Disciplinary Procedure.

3rd week
Fundamental principles.
Procedural requirements.
Legitimacy
International Competence
Territorial Competence
Jurisdiction over matter
Competence on the basis of hierarchy and value
Extent of jurisdiction



4th week
Proceedings and Instance.
Specialties in the labor process
Citations and notifications
Beginning of the Instance
Processes of an urgent nature
Subjective modification of the instance


5th week
Interim measures. Ordinary interim procedure.
Special interim procedures.
Interim procedures from the Civil
Procedure Code enforced in labour framework

6th week
Interim procedures from the Civil
Procedure Code enforced in labour framework
Different types of lawsuits; Ordinary procedure

7th week
Attempts to settle the matter by conciliation. Requirements of the conciliation; Hearing; Defendant's Answer
Deadline; Effects of absence Defendant's Answer; Plaintiff´s Answer; Supervening motions

8th week

Opposition to employee’s reinstatement; Pré-saneador decision; Preliminary hearing ; Saneador decision;Selection of facts. Evidences.


9th week
The Trial. Mandatory attempt of conciliation; Trial principles; Decision.


10th week
Appeal
Enforcement proceedings
Administrative offence proceeding judicial review-

11th Week
Special lawsuits
Judicial Challenge of Regularity and Legality of Dismissal Lawsuit

12th Week
Labour contract recognition lawsuit

13th week
Emerging lawsuits of Work Accidents and Occupational Disease

14th Week
Collective Dismissal review lawsuit

15th Week

Challenging the Confidentiality of Information or Refusing to Provide or Conduct Consultation lawsuit
Protection of the Personality of the Worker
Equality and Non-Discrimination on the basis of gender


Practical lessons

1.st week
Presentation.
Labour procedure law and civil procedure law.
Labour procedure law. Notion. Students questioning.


2nd Week
Resolution of practical exercises on the labor disciplinary procedure. Case law analysis

3rd Week
Resolution of practical exercises on procedural requirements. Case law analysis


4th Week
Resolution of practical exercises on procedural requeriments. Case law analysis.


5th week
Proceedings and Instance. Students questioning.
Resolution of practical exercises on interim measures. Case law analysis.

6th Week
Resolution of practical exercises on interim measures.
Resolution of practical exercises on ordinary procedure. Case law analysis.

7th Week
Resolution of practical exercises on ordinary procedure. Case law analysis,.

8th Week
Resolution of practical exercises on ordinary procedure. Case law analysis



9th Week
Resolution of practical exercises on appeal and enforcement proceedings. Case law analysis.

10th Week
Resolution of practical on Judicial Challenge of Regularity and Legality of Dismissal Lawsuit. Case law analysis.

11th Week
Resolution of practical on Labour contract recognition lawsuit. Case law analysis.

12th Week
Resolution of practical exercises on wmerging lawsuits of Work Accidents and Occupational Disease. Case law analysis.

For calendar reasons, it will be taught 12 practical lessons.

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

The syllabus provides an understanding of the specifics of the labor process in relation to civil proceedings,particularly in interim measures,ordinary procedure,appeals and enforcement proceedings. The goal regarding the identification of general principles of labor procedural law and Procedural requirements as well as the role of the Labour Court will be achieved through the chap 1 to 5 The chap 6 to 10 will allow the student to identify and justify specificities of interim measures, proceedings, ordinary procedure, appeals and the enforcement proceedings Through Chap 9 the student will understand and know the various Special procedures The analysis of labor procedural rules and the study of the different phases will enable the student to practice in Labour Courts The detailed analysis of the labour procedural framewok will provide the students the knowledge and skils to litigate in Labour Courts.

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

Methods expositive and interrogative, the last one underlying the practical exercises to be solved, coordinated with case law analysis, will be used to attain the following objectives
-understand and seize the main specificities of the labor procedural arrangements laid down in the Labour
Procedural Law Code in comparison with Civil Procedure, particularly in interim measures, ordinary procedure,
appeals and enforcement proceedings.
-identifying the general principles of labour procedure law and procedural requirements, including the role of
the Labour Courts.
-identifying and justify the specificities of ordinary procedure, in particular, attempts to settle the matter by
conciliation, the procedure relating to opposition to reinstatement of the worker regulating, appeals and the
enforcement proceedings.
-understand and know the various Special procedures. enshrined in the Labour Procedural Law Code.
The students, at the end of the course, should be able to apply the procedural labor law.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Research skillsYesYes
This website uses cookies to provide better functionality and for performance measurements (European Union Directive 2009/136/EC)
Please take a few minutes do answer a few quick questions about our website.