Labour Law
Keywords |
Classification |
Keyword |
OFICIAL |
Legal Sciences |
Instance: 2021/2022 - 1S
Cycles of Study/Courses
Teaching language
Portuguese
Objectives
The aims of this subject is to inform the students – prospective employers and employees – of the legal framework of the Labour Market, in particular the Individual Labour Contract, allowing them to give a qualified performance in their professional activities. Considering the entry into force of the Portuguese Labour Code (December 2003), a special attention will be given to the new legal framework of the Labour Contract and to the Portuguese Jurisprudence related to that Labour Contract.
Learning outcomes and competences
After the end of the u.c. the students should be able to identify and analyse the labour relationship, will know te main Labour Law legal strutures, as well as to identify the main issues in this area: employees fundamental rights, retribution, holidays and contract termination.
Working method
Presencial
Program
1. Labour Law: Object, sources and main principles. 2. Individual Labour Contract 2.1. Legal concept: special reference to worker subordination and to the criteria for determination. 2.1.1. The Labour Contract Parties: special reference to personality rights and to the equality and non-discrimination principle 2.1.2. Perfection of the Labour Contract 2.1.3 Invalidity of the Labour Contract 2.1.3. Trial Period 2.1.4. Object and contents 2.2. Characterisation of the Labour Contract 2.3. Labour Contract and Labour Relation 2.4. Labour Contract and similar contracts 3. Employee. 3.1. Duties and guarantees of the employee 3.2. Professional category and seniority 4. Employer. 4.1. Undertaking and employer 4.1.1. The importance of undertakings in labour relations: the special case of multiple employers 4.2. Duties and powers of the employer: special reference to the disciplinary power 5. Duration and organisation of working time (special reference to the Work Schedule (and the exemption from work schedule regime), Normal Working Period, Overtime Work, Part-time Work, Vacation and Leaves regime) 6. Place of Work (special reference to the legal concept and to the geographic mobility regime). 7. Salary: General principles, types, other monetary attributions, performance and guarantees. 8. Accessory Clauses of the Labour Contract 8.1. Term and condition 8.2. Non-competition and permanency agreements 9. Suspension of the Labour Contract 10. Termination of the Labour Contract: Expiration; Revocation; Rescission; Unilateral termination.
Mandatory literature
Luís Menezes Leitão; Direito do Trabalho, 2012. ISBN: 9789724049151
Pedro Furtado Martins; Cessação do Contrato de Trabalho , Principia, 2012. ISBN: 978-989-716-075-2
Júlio Gomes; Direito do Trabalho, Coimbra Editora, 2007
Teaching methods and learning activities
Considering the theoretical and pratical scope of this subject, the adopted teaching procedures are the following: (i) Presentation of the main concepts of the Labour Law, with special attention to Individual Labour Contract; (ii) After the theoretical presentation of each item of the Contents, the students are faced with case studies, jointly analysed during the classes.
Evaluation Type
Distributed evaluation without final exam
Assessment Components
Designation |
Weight (%) |
Teste |
100,00 |
Total: |
100,00 |
Amount of time allocated to each course unit
Designation |
Time (hours) |
Estudo autónomo |
30,00 |
Frequência das aulas |
39,00 |
Trabalho de investigação |
12,00 |
Total: |
81,00 |
Eligibility for exams
See infra cálculo da classficação
Calculation formula of final grade
Continous
The final classification will be: the average of the classification of tests (the first valuing 40% and the second 60%) or the final exam classification. In both tests the minimum classification will be 7.00.
Final Exam
Written test
The minimum classification will be 7.00.
Classification improvement
See General Rules.