Teacher(s)
Language
French
Main themes
The course on Social Law , taught in French and Dutch, aims to provide students with an initial introduction to the rules regulating the world of work as well as collective welfare systems.
It therefore focuses primarily on the law applicable to subordinate employment relations, both in their individual and collective dimensions . It will also study selected aspects of the general social security system, insofar as it is historically and structurally linked to employment law.
The aim of the course is to enable students to develop an initial grasp of the body of positive law concerned, but also to make them aware of the close links that these rules have with the social context from which they arose (historical dimension), and with contemporary issues affecting the world of work (topical dimension), including enabling them to situate themselves in relation to these (critical, forward-looking dimension).
It therefore focuses primarily on the law applicable to subordinate employment relations, both in their individual and collective dimensions . It will also study selected aspects of the general social security system, insofar as it is historically and structurally linked to employment law.
The aim of the course is to enable students to develop an initial grasp of the body of positive law concerned, but also to make them aware of the close links that these rules have with the social context from which they arose (historical dimension), and with contemporary issues affecting the world of work (topical dimension), including enabling them to situate themselves in relation to these (critical, forward-looking dimension).
Learning outcomes
At the end of this learning unit, the student is able to : | |
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Content
The course is based on the following tree structure, comprising 13 modules of between 2 and 4 hours.
1) General introduction to employment law: Historical and sociological introduction to the sensu lato regulation of subordinate employment (labour relations and social security) from its origins to the present day. Highlighting of sociological and economic dimensions, and contemporary issues that call standards into question.
2) The sources and aims of employment law: Presentation of the complex architecture of employment law and its proliferation of standards, at the intersection of multiple legal orders, and presentation of an analytical framework for the rest of the course: aims pursued by the rules and the legal logic at work to achieve them.
The following modules concern the law of collective relations in labour law and will comprise 4 modules:
3) Freedom of association
4) The architecture of industrial relations
5) The CLA and the Labour Regulations
6) Conflict in employment law
7) The employment relationship: Issues relating to recruitment and the conclusion of the employment contract, introduction to the specific features of the employment contract and the clauses that can be used by the parties. Initial link with social security through the concept of affiliation to the general scheme.
8) The "standard" employment relationship and a-typical employment relationships: Continuation of the exploration of the employment relationship. Analysis of "recent" trends towards greater flexibility in the workplace through the proliferation of derogatory rules.
9) The rights and obligations of employees and employers during the performance of the employment relationship: issues of liability, unilateral modification of contracts (ius variandi), linkage with public policy on labour relations
10) Employment regulations and public order: Continuation of the analysis of employment regulations and issues of criminal employment law through two concrete examples (for example: working time and well-being at work, in particular psychosocial risks).
11) Study of the legal causes of suspension of the employment contract and introduction to the sickness-disability regime through the example of common law incapacity.
12) Methods of terminating an employment contract: Study of the various methods of terminating an employee's employment relationship, with particular emphasis on methods of termination specific to employment law. Introduction to the unemployment insurance system, as it is sometimes used to ensure security of existence and a return to employment after such termination.
13) Session reserved for a guest specialist in Belgian, foreign or European social law or an observer of social reality.
1) General introduction to employment law: Historical and sociological introduction to the sensu lato regulation of subordinate employment (labour relations and social security) from its origins to the present day. Highlighting of sociological and economic dimensions, and contemporary issues that call standards into question.
2) The sources and aims of employment law: Presentation of the complex architecture of employment law and its proliferation of standards, at the intersection of multiple legal orders, and presentation of an analytical framework for the rest of the course: aims pursued by the rules and the legal logic at work to achieve them.
The following modules concern the law of collective relations in labour law and will comprise 4 modules:
3) Freedom of association
4) The architecture of industrial relations
5) The CLA and the Labour Regulations
6) Conflict in employment law
7) The employment relationship: Issues relating to recruitment and the conclusion of the employment contract, introduction to the specific features of the employment contract and the clauses that can be used by the parties. Initial link with social security through the concept of affiliation to the general scheme.
8) The "standard" employment relationship and a-typical employment relationships: Continuation of the exploration of the employment relationship. Analysis of "recent" trends towards greater flexibility in the workplace through the proliferation of derogatory rules.
9) The rights and obligations of employees and employers during the performance of the employment relationship: issues of liability, unilateral modification of contracts (ius variandi), linkage with public policy on labour relations
10) Employment regulations and public order: Continuation of the analysis of employment regulations and issues of criminal employment law through two concrete examples (for example: working time and well-being at work, in particular psychosocial risks).
11) Study of the legal causes of suspension of the employment contract and introduction to the sickness-disability regime through the example of common law incapacity.
12) Methods of terminating an employment contract: Study of the various methods of terminating an employee's employment relationship, with particular emphasis on methods of termination specific to employment law. Introduction to the unemployment insurance system, as it is sometimes used to ensure security of existence and a return to employment after such termination.
13) Session reserved for a guest specialist in Belgian, foreign or European social law or an observer of social reality.
Teaching methods
The course is bilingual: two-thirds of the course will be taught in Dutch and one-third in French.
The course is accompanied by five compulsory practical exercise sessions, taught by assistants from the employment law team (in French).
The course is accompanied by five compulsory practical exercise sessions, taught by assistants from the employment law team (in French).
Evaluation methods
The written assessment will also be bilingual. Half of the written exam will be assessed in Dutch and the other half in French. The questions in the exam are designed to test the skills to be acquired as described above.
The final question is a case study based on the PE sessions and will be written and assessed in French.
The final question is a case study based on the PE sessions and will be written and assessed in French.
Other information
The course materials consist of PPTs written in the language of instruction, and a few complementary readings offering interdisciplinary points of view on the content of the subject and the main issues identified.
Course materials are published in advance on the course Moodle page.
It is also advisable to read specialised employment law textbooks written in both languages of the teaching
Students will also be required to acquire or compile a compendium of the legal sources studied in the course.
Course materials are published in advance on the course Moodle page.
It is also advisable to read specialised employment law textbooks written in both languages of the teaching
Students will also be required to acquire or compile a compendium of the legal sources studied in the course.
Faculty or entity
