Learning outcomes of the curricular unit

The aim is to provide students with the basic concepts and knowledge in collective labour law, as well as to alert them to some of the key issues raised by the legal literature and jurisprudence, preparing them to its application while solving concrete cases. To obtain approval in the curricular unit, students must identify the legal issues raised, understand the statutory regime and how to apply it to the specific cases, noticing the doctrinal and jurisprudential differences on the issues raised, in order to promote independent thought and research abilities. They shall also be aware of the need to coordinate both national and supranational sources of labour law, resolving conflicts of rules. At the same time, students shall be able to integrate legislative loopholes and solve legal contradictions and ambiguities, using the general hermeneutical criteria, the principles governing Labour Law, legal literature and jurisprudence.

Syllabus

1. National and international sources of labour law, their hierarchy and articulation. The role of the favor laboratoris principle. 

2. The “laboralization” of the common sources of labour law, namely through the social dialogue and the participation in the preparation of labour legislation. 

3. The Portuguese system of industrial relations. Constitutional, European and international principles. Freedom of association. Brief comparative analysis with other European industrial relations systems. 

4. Employees collective representation structures.
4.1. Trade unions.
4.2. Work council.
4.3. Brief reference to other national and European collective representation structures. 

5. Collective labour regulation instruments, namely collective bargaining and administrative extension procedures. 

6. Collective conflits, namely strike and lock-out