Employment Law

Introduction

Most conflicts between individuals in working life are the result of inadequate routines for how such conflicts can be avoided, and how they can be handled and resolved. The result is often that the conflict escalates and becomes more complex. The problem is largely due to inadequate knowledge among employers about the basic rules of labour law, which can result in grave financial and human problems for the involved parties.  

This course shall provide in-depth knowledge of the legal regulation of individual working conditions and the relationship between both sides of industry. The course provides a basic insight into the working environment legislation and tariff law, based on principal problems that are important for performing employers’ functions. Students will thereby gain an understanding of both individual and collective labour law. Emphasis will be placed on the regulations for employment, hiring, working and pay conditions, management prerogative, termination of employment due to employee issues (dismissal, summary dismissal, etc.) restructuring and workforce reductions, business transfers, as well as legal effects of the tariff agreement. The course will focus on the correlations between regulations, management prerogative and the practical organizing of processes that are important in a labour law perspective.

The course offers a broad introduction to labour law in general. The student will learn to identify and handle labour law issues that arise both in private and public enterprises.

Course content

The course consists of three modules:

1st module

The first module will discuss basic approaches and concepts in labour law. Key topics: historical background, sources, basic concepts (employee, employer, enterprise), management prerogative, duty of loyalty, advertising of vacancies, recruitment, and appointment.

Basic rights and duties in individual employment contracts are discussed. Key topics: salary, holidays and holiday pay, sick leave and sick pay, leave of absence.

2nd module

This module will discuss non-discrimination in the workplace. Key topics: the discrimination rules, protection against discrimination as an employee will be broadly discussed. Various ways of organizing the workforce will be an important topic: various forms of employment (permanent, temporary), hiring of labour, the distinction between hiring and contract work, etc.

3rd module

The first day will cover termination of employment, restructuring and workforce reductions. Key topics: the general rules on dismissal, specific employment protection for certain groups and in certain situations, dismissal during the trial period, suspension, summary dismissal, procedural rules. Key topics: business transfers, tariff agreements and their importance, entry into tariff agreements, legal effects of such agreements, rules concerning strikes, lockouts, wage settlements, etc.

Please note that there may be changes in the syllabus in the various modules.