Learning outcomes of the curricular unit

The aim is to provide students with the basic concepts and knowledge in individual 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. 

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 (namely at Constitutional level), the legal literature and the jurisprudence, as well as to coordinate the legal regime with the internal sources of labour law (labour collective agreements). 

Syllabus

1. Sources of Labour Law and their hierarchy, including collective labour regulation instruments.

2. Definition and characteristics of the employment contract and differentiation from similar contracts.

3. Parties of the employment contract.

4. Perfection of the employment contract and trial period.

5. Invalidity of the employment contract.

6. Different categories of employment contracts, namely the fixed-term contract.

7. Contents of the employment contract and the rendering of work.
7.1 Rights, powers, duties and guarantees of the parties.
7.2 Object of the employment contract and ius variandi.
7.3 Place of work and geographic mobility.
7.4. Working time, annual leave, absences and public holidays.
7.5 Remuneration and benefits.

8. Contratual modifications.
8.1. Transfer of undertaking.
8.2 Occasional assignment.
8.3 Suspension of the employment contract.

9. Termination of the employment contract.