Guia docente 2023_24
Facultade de Ciencias Xurídicas e do Traballo
Grado en Relaciones Laborales y Recursos Humanos
 Subjects
  European union social law
   Contents
Topic Sub-topic
Chapter I. The European Union and its Social Politics 1. Evolution of the EU social policies since the Treaty of Rome until the Treaty of Lisbon. 2. The Treaty on European Union and the Treaty on the Functioning of the European Union. 3. The Charter of Fundamental Rights of the European Union. 4. The institutional organization. a) The European Council. b) The Council of the European Union. c) The European Commission. d) The European Parliament. e) The European Court of Justice. f) The Economic and Social Committee. g) Others. 5 The European Union legislation. a) EU primary and secondary legislation b) Regulations and Directives. c) Non binding legislation: soft law.
Chapter II. The free movement of workers and other fundamental freedoms 1. Free movement of workers: essential content. The Regulation 492/2011. 2. Subjective scope and limitations. 3. Free provision of services and free establishment. 4. The European Labour Authority. 5 Posting of workers: the Directive 96/71/EC and the Directive 2014/67/UE. 6. Temporary agency work: the Directive 2008/104/EC.
Chapter III.- Rights of third countries' nationals 1. Status of third countries nationals who are long-term residents: Directive 2003/109/EC. The single permit to reside and work for third countries nationals: Directive 2011/98/EU. 3. The subjective position of third countries nationals. Specific reference to the equal treatment principle. Right to reside in the host country: the Directive 2004/38/EC. 4. Prevention and combating against human trafficking and protection of the victims: Directive 2011/36/EU.
Chapter IV. Social Security of migrant workers 1. The Regulation 883/2004. The Regulation 987/2009. 2. The coordination of Social Security systems. 3. The principle of equality. 4. The conservation of acquired rights. 5. The conservation of rights in way of acquisition. 6 Pro rata temporis. 7. The administrative cooperation. 8. Applicability of previous bilateral agreements.
Chapter V. Equality and no discrimination. Sex discrimination. Other reasons 1. Origins. Mainstreaming. 2. Equal payment between women and men. Salary transparency. 3. Equality in the access and in the conditions of work. 4. Burden of proof and horizontal provisions. 5. Gender equality in Social Security. 6. Work-life balance. 7. Maternity protection. 8. Racial discrimination. 9. Other reasons of discrimination: Directive 2000/78/EC and Directive 2000/43/CE.
Chapter VI. Crisis and reestruturation of companies 1. Collective dismissals: Directive 1998/59/EC. 2. Rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses: Directive 2001/23/EC. Rights in case of insolvence of the employer: Directive 2008/94/EC.
Chapter VII. Atypical workers. Transparent and predictable working conditions 1. Part time contracts: Directive 97/81/EC 2. Fixed term contracts: Directive 1999/70/EC. 3. Reference to temporary agency work. 4 European framework agreement on telework. Teleworking and platforms. 5. Transparent and predictable working conditions: information about the employment relationship. Minimum requeriments relating to working conditions. Directive 2019/1152/EC.
Chapter VIII. Health and security at work 1. The framework Directive and the specific Directives. 2. Obligations of companies. Evaluation of risks and planning the preventive activity. 3. Protection and prevention services. 4. Participation rights. 5. The Directive on young people at work.
Chapter IX. Working time 1. Directive 2003/88/EC: origins and evolution. 2. Definition of working time. 3. Limits. Compulsory and non compulsory. Opting out. Specific directives: Directive 1999/63/EC. Directive 2002/15/EC. Others
Chapter X. Workers information and consultation. Social dialogue and collective bargaining. Minimum salary 1. General framework: the Directive 2002/14/EC. European work councils: Directive 2009/38/EC. 3. Involvement in the European Company and in the European cooperative society: Directive 2001/86/EC and 2003/72/EC. 4. Reference to the Directives of crisis and reestruturations. 5. The European social partners. 6. Social dialogue and collective bargaining. 7. European Framework agreements. 8. Directive 2022/2041/EU
Chapter XI. The European employment policy. 1. The European Employment Strategy. 2. The broad guidelines of employment and the national action plans. 3. The open method of coordination. 4. Flexicurity. 5. European job mobility: EURES. 6. The European Social Fund.
Chater XII. Law applicable and jurisdiction Jurisdiction: Regulation 1215/2012. On contract of employment. 2. Law applicable: Regulation 593/2008. Case law. 3. Reference to posted workers.
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