European Labour Law

Course Related Instructions

Course Objectives

At the end of the course students will have the knowledge of role of the European Union in the social policy, especially of institutions and their competences in the area of labour law. They will be able to recognise which labour law issue is governed by the European Union Law and to identify it requirements on the national law. They will also be able to examine whether these requirements are implemented into the national law of their country of origin.

Exam, credit requirements

1.   Participation in lessons, (two absences are permitted, in case of more absences missed lecture must be substituted according to arrangement with the course-coordinator). Lessons on MS teams every Tuesday 12 00 - 13 40. https://teams.microsoft.com/l/team/19%3ae337d14f16af4f34b5f5efdd506f5856%40thread.tacv2/conversations?groupId=d0053255-11d3-4083-8c23-ecc92bb668f3&tenantId=11904f23-f0db-4cdc-96f7-390bd55fcee8

2.   Presentation of case-law at lesson - the student will choose one of the cases published in the List of Cases Please note the dates of individual presentations indicated in the list of case-law, they correspond to the topic of the lesson (on the basis of the agreement with the teacher you can choose another case concerning EU labour law). You can present your case according the following structure (just recommended):

1. the subject matter of the case,

2. the legal problem,

3. main arguments of the parties,

4. the court's decision and key points of its reasoning,

5. your opinion on the case and impact of the decision on the proceedings before the national court.

6. You can see the opinion of the Advocate General on the case as well.

3. Written test - test is composed of 20 questions, multiple choice. The evaluation is as follow: 20 – 19 points A (excellent), 18 – 17 points B (very good), 16 – 15 points C (good), 14 – 13 points D (satisfactory), 12 – 11 points E (sufficient), 10 and less than F (fall)

The final mark is composed of 50% of written test evaluation and 50% of presentation of case-law.

Course Syllabus

1. Notion and System of European Labour Law, Sources of European Labour Law - Tuesday 9 March 12 00 – 13 40 (dr. Komendová)

2. Institutions Acting in the Social Policy and their Competences - Tuesday 16 March 12 00– 13 40 (dr. Komendová)

3. Free Movement of Workers, Prohibition of Discrimination based on Nationality in Employment - Tuesday 23 March 12 00 – 13 40 (dr. Komendová)

4. Principle of Equal Treatment, Prohibition of Discrimination in Employment and Occupation I - Tuesday 30 March 12 00 – 13 40 (dr. Komendová)

5. Principle of Equal Treatment, Prohibition of Discrimination in Employment and Occupation II - Tuesday 6 April 12 00 – 13 40 (dr. Komendová)

6. Worker's Participation, Right to Information, Right to Consultation, European Work Councils - Tuesday 13 April 12 00 – 13 40 (dr. Horecký)

7. European Social Partners and their Position, Framework Agreements - Tuesday 20 April 12 00 – 13 40 (dr. Horecký)

8. Protection of Health and Safety at Work, Working Time, Rest Periods - Tuesday 27 April 12 00 – 13 40 (dr. Komendová)

9. Protection of Young People at Work, Protection of Child Care - Tuesday 4 May 12 00 – 13 40 (dr. Komendová)

10. Part-time Work, Fixed Duration Employment Relationship, Temporary Work - Tuesday 11 May 12 00 – 13 40 (dr. Komendová)

11. Transference of Undertakings, Collective Dismissals, Employer’s Insolvency - Tuesday 18 May 12 00 – 13 40 (dr. Komendová)

12. Protection of Posted Workers (the End of the Course) - Tuesday 25 May 12 00 – 13 40 (dr. Komendová)

List of Cases

Literature (just recommended)

1. Blanpain, Roger, European Labour Law, Alphen aan den Rijn : Wolters Kluwer (2014),

2. Nielsen, Ruth, EU Labour Law, Copenhagen : DJOF Publishing, (2013)

3. Bercusson, Brian, European Labour Law, Cambridge : Cambridge University Press (2009)

4. Web pages.

http://eur-lex.europa.eu

http://curia.europa.eu