SCQF Level: 10
Module Code: LAW426
Credit Value: 20
Term: Term 1
School: Dundee Business School
This module considers the development of international and EU approaches to labour law issues, both individual and collective.
The aim of this Module is to assess critically individual and collective issues in European Union Labour Law and the relationship between international, European Union and national systems of employment law.
By the end of this module the student should be able to:
1. Critically analyse and appraise the scope, function and effectiveness of international and European Union employment standards
2. Critically assess and evaluate regulatory measures in European Union Labour Law;
3. Critically assess and evaluate individual and collective aspects of European Union Labour Law relating to the contract of employment
4. Demonstrate enhanced skills of oral and written analysis and communication in constrained circumstances
1 Development of International and EU Labour Law
Comparison of the nature, purpose and development of international and EU Labour Law; comparison of the institutions - ILO, Council of Europe, EU - and their areas of activity; comparison of enforcement approaches and adequacy of remedies.
2 Development of EU Labour Law Competence
Overview of Treaties and other relevant EU measures, legislative and non-legislative. Free movement and limitations; posting of workers; social security; conflict of laws issues.
3 Health and Safety and Working Conditions
Development of EU Health & Safety law: SEA 1986; Framework and 'Daughter' Directives; consequences for standard systems of fault-based liability. Working Time Directive. Proof of Employment contract.
4 Equality Law
Comparison of forms of discrimination: direct, indirect, harassment, victimisation. Equal pay. Equal treatment: prohibited grounds of discrimination. Equal opportunities and positive action. Family friendly policies: pregnancy/maternity; part-time and fixed-term workers; parental leave; young persons. Agency and other atypical workers.
5 Business Restructuring
Transfers of Undertakings; Collective redundancies; Insolvency of Employer
6 Collective Labour Law
Forms of worker involvement in the enterprise: Information and consultation rights; European Works' Councils. Social dialogue and partnership. Comparison of legal approaches to collective agreements. Freedom of Association: meaning; right to collective bargaining; right to take collective industrial action.
Statement on Teaching, Learning and Assessment
Students engage in a seminar format, requiring the preparation of material from a reading list supplied by the tutor to be discussed and critiqued during class contact time. This is student led with the tutor offering support and focussing direction. High level critical analysis and synthesis of ideas from disparate areas is required, building on up to date legal academic commentary and case law, which the students have to research, acknowledging multiple perspectives, and engaging with contested knowledge. The module is assessed by inline presentations made by students to other students and a terminal examination. Students will submit slides for formative feedback ahead of their presentations. In week 7 formative feedback will be provided on individual student answers to a mock exam question.
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.