Trade Union Law I (21785)
Degree course: Degree in Labour Relations
Academic year: second
Term: first
Number of ECTS credits: 4
Student hours: 100
Syllabus
Trade Union Law I forms part of the Degree in Labour Relations curriculum.
This course is studied in the first term of the second year of the degree. It aims to introduce students to aspects of the origins of collective employment law, the content of the right to form trade unions and the law regarding employers' associations as well as organisational aspects of workers' representation in companies.
The teaching of Trade Union Law I is divided into three sections:
- The first section introduces the course and gives an account of the origins of collective labour law in general and the right to form trade unions in particular.
- The second section analyses the content of the fundamental right to form trade unions and the legal regulation of this right.
- The third section is concerned with workers' collective representation in companies, paying special attention to the aspect of organisation.
Successful completion of Trade Union Law I requires students to read and understand legal texts and develop the ability to apply theoretical concepts to real-world cases.
SECTION 1: WORKERS' ORGANISATIONS
Topic 1. The concept and historical development of trade union law
1.1. The concept of trade union law. Object, scope and sources.
1.2. The constitutional principles of collective autonomy, the right to form trades unions and collective self-governance.
1.3. The historical development of trade union law: phases of repression, tolerance and legal recognition.
Topic 2. Workers' organisations
2.1. Trade unions. Concept and types. Legal nature and constitutional function. Procedures for constitution. Trade union statutes and their contesting. Internal organisation and activity. Funding system and liability.
2.2. Business associations. The constitutional right to form business associations. Concept, types, nature and legal system.
SECTION II: THE RIGHT TO FORM TRADE UNIONS
Topic 3. The right to form trade unions: subjective sphere and content
3.1. The right to form trade unions. Concept and expression. Constitutional recognition of the right to form trade unions.
3.2. The subjective sphere of the right to form trade unions: inclusions (subject holders, equated and with restrictions) and exclusions (excluded subjects and with peculiarities).
3.3. The content of the right to form trade unions. The individual and collective plan. The right to belong to a trade union. The right not to belong to a trade union. The right to industrial action.
3.4. Trade union institutional action: participation in government bodies.
3.5. Protection of the right to belong to a trade union. Anti-trade union conduct. Mechanisms of administrative and legal self-governance.
Topic 4. The best trade union representation
4.1. Criteria for conferring representation: electoral hearings and establishment. The best representation.
4.2. Levels of representation. Determination and legal prerogatives. The most representative trade union at state and autonomous community levels. The sufficiently representative trade union. The most representative business associations.
SECTION III: THE COLLECTIVE ORGANISATION OF WORKERS IN COMPANIES
Topic 5. The organisation and participation of workers in companies. Unitary representation.
5.1. The organisation and participation of workers in companies. Double-channel representation.
5.2. Unitary representation: representational bodies. Staff delegates. The union representatives committee. Workers' representatives. The joint works council, the inter-centre council and the European Union representatives committee. Composition and functioning.
5.3. Electing representatives. The electoral process and the mandate.
5.4. Powers and functions.
5.5. Facilities and guarantees.
Topic 6. Trade union representation in companies. Other forms of representation.
6.1. Trade union representation in companies. Trade union sections. Trade union delegates: election. Powers and functions. Guarantees.
6.2. The right of association or assembly: origins, scope, convocation, holding, adopting of agreements and voting.
6.3. Unitary and trade union representation in the Civil Service.