Law and Work Process

Labor Law

The pedagogical model presupposes an approach that brings the student closer to the reality of companies and administration, which is constantly changing, focusing on the area of Law, specifically the corporate branch. It presupposes scientific research done by the student, using digital technologies, complemented by practical exercises, case law analysis, and theoretical-practical debate with the class and the teacher.

Reflection and autonomous study are encouraged through critical analysis by the student of the main theoretical and practical issues presented. Research is encouraged and evaluated.

Objectives: Through theoretical exposition, practical exercises, analysis of jurisprudence and doctrine, one seminar, and the use of digital technologies, this curricular unit allows students to develop their studies on the field of Labor Law, and on the field of Procedural Labor Law.

With this curricular unit, students acquire knowledge on current issues related to work in the digital age and, in particular, work performed on digital platforms, the protection of parenting, the status of the informal caregiver, the termination of the employment contract and its illegality.

On the other hand, in matters of Occupational Safety and Health Law, its fundamental concepts are indispensable. Topics relating to the legal regime, occupational risks, the organization of OSH services, and the protection against workplace accidents are addressed.

Furthermore, the procedural aspects are also examined, including precautionary measures, special procedures, and ordinary actions, covering the precautionary measure of judicial suspension of dismissal, the precautionary measure concerning OSH, the action of evaluation of the regularity and legality of dismissal, the action to evaluation of the collective dismissal, the special procedure to protect the worker’s personality rights, the special procedure regarding equality and non-discrimination based on gender, and the action to recognize the existence of an employment contract.

In terms of skills, legal and scientific argumentation, the capacity for critical reflection, the capacity for autonomy research, are improved, through the clarification of doubts, the exposure and investigation of fundamental issues, updated to the new labour challenges.

PART I – SUBSTANTIVE LABOR LAW

I. Individual labor contract

1. Elements, characteristics, related figures, equivalent contracts and formation of the labour contract

2.. The legal subordination and the presumption of labour relationship.

3. The DIRECTIVE (EU) 2024/2831 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2024 on improving working conditions in platform work

4. Procedure to be adopted in case of inadequacy of the relationship that establishes the provision of an activity under conditions corresponding to those of an employment contract

II. The subjects of the legal labor relationship

1. The worker’s personality rights and the General Data Protection Regulation

2. The status of informal caregiver

3. The legal protection of parenting

III.  Disciplinary power and disciplinary procedure

IV. Termination of the employment contract

1.Protection of the worker in case of non-payment of wage

2. The dismissal for subjective and objective reasons

3. The unlawfulness of dismissal and its effects

PART II – OCCUPATIONAL SAFETY AND HEALTH AT WORK LAW

1. Evolution and framework of the minimum requirements for safety and health at work

2. The role played by the ILO, WHO and EU OSHA. Conventions, Recommendations and the OSH Directive. Bill No. 102/2009, of 10 September and other legislation

3. The organization of Prevention Services

4. The need to regulate psychosocial risks and a special emphasis on burnout syndrome and harassment

5. The legal regime for compensation of damages arising from occupational accidents

PART III – PROCEDURAL LABOR LAW

1. Precautionary measure of judicial suspension of dismissal

2. Precautionary measure in matters of Occupational Safety and Health at Work

3. Action of the regularity and legality of dismissal

4. Action of collective dismissal

5. Special process for the protection of the worker’s personality rights

6. Special process relating to equality and non-discrimination based on gender
7. Action for recognition of the existence of an employment contract

NAO