General information


Subject type: Basic

Coordinator: Núria Masferrer Llabinés

Trimester: Second and third quarters

Credits: 8

Teaching staff: 

Lourdes Maria Montoro Del Valle
Carlota Albanell Sais 
Estela Pombo Gutiérrez 

Teaching languages


  • Catalan
  • English

Check the schedules of the different groups to know the language of teaching classes. Although the material can be in any of the three languages.

All the recommended bibliography must be consulted in the latest editions from 2020 and especially in labor from 2022.

"The classroom (physical or virtual) is a safe space, free of sexist, racist, homophobic, transphobic and discriminatory attitudes, either towards the students or towards the teachers. We trust that together we can create a space safe where we can make mistakes and learn without having to suffer prejudice from others." 

Skills


Basic skills
  • B4_That students can convey information, ideas, problems and solutions to both specialized and non-specialized audiences

     

Specific skills
  • E6_Interpret legal regulations and institutional organization and manage business information.

     

General competencies
  • G3_Integrate the values ​​of social justice, equality between men and women, equal opportunities for all and especially for people with disabilities, so that the studies of Business Administration and Innovation Management contribute to to train citizens for a just, democratic society based on a culture of dialogue and peace

     

Transversal competences
  • T1_Communicate properly orally and in writing in the official languages ​​of Catalonia

Description


The course puts the student in contact with the basic legal notions, as well as the legal terminology in the field of commercial and labor law.

Apply the commercial legislation in the practical cases that are in the economic reality. Observe law as a social instrument that limits labor relations and legal business. 

 

Contents


COMMERCIAL LAW (2ND QUARTER)

SUBJECT 1: INTRODUCTION TO THE BUSINESS LAW.

1.1 BUSINESS LAW IN A WIDE AND STRICT SENSE.

1.2 COMMERCIAL LAW AS AN AXIS OF BUSINESS LAW.

SUBJECT 2: THE COMMERCIAL ENTREPRENEUR.

2.1 INDIVIDUAL ENTREPRENEUR

2.2 NON-COMMERCIAL SOCIAL ENTREPRENEUR.

2.3 COMMERCIAL SOCIAL ENTREPRENEUR.

2.4 THE COMMERCIAL REGISTER

SUBJECT 3: THE COMMERCIAL CONTRACTS.

3.1 DEFINITION AND CHARACTERISTICS.

3.2 THE DIFFERENT TYPES OF COMMERCIAL CONTRACTS.

SUBJECT 4: MERCHANT COMPANIES.

4.1 ANALYSIS OF THE LAW OF CAPITAL COMPANIES.

4.2 THE JOINT STOCK COMPANY.

4.3 THE LIMITED COMPANY.

4.4 DIFFERENCES AND SIMILARITIES.

SUBJECT 5: THE CONTEST OF CREDITORS.

5.1 ANALYSIS OF THE BANKRUPTCY LAW.

5.2 KNOWLEDGE OF THE BANKRUPTCY PROCEDURE.

SUBJECT 6: THE BUSINESS COMPETITION.

6.1 ANALYSIS OF THE LEGAL RULES THAT REGULATE BUSINESS COMPETENCE.

SUBJECT 7: THE INDUSTRIAL PROPERTY AND THE INTELLECTUAL PROPERTY.

7.1 ANALYSIS OF THE LEGAL RULES GOVERNING INDUSTRIAL AND INTELLECTUAL PROPERTY.

SUBJECT 8: THE COMPANY AND THE ENVIRONMENT.

8.1 ANALYSIS OF CURRENT ENVIRONMENTAL REGULATIONS APPLIED TO THE COMPANY.

 

LABOR LAW (3rd QUARTER)

SUBJECT 1 GENERAL PRINCIPLES OF THE LAW:

1.1 LABOR LAW

1.2 THE SOURCES OF LABOR LAW

1.3 THE PRINCIPLES OF APPLICATION OF LABOR LAW

1.4 THE LABOR ADMINISTRATION

1.5 LABOR JURISDICTION

UNIT 2 THE COLLECTIVE LABOR RELATIONSHIP:

2.1 COLLECTIVE BARGAINING

2.2 COLLECTIVE CONFLICTS

2.3 THE STRIKE

2.4 THE CLOSURE OF THE COMPANY.

2.5 WORKERS 'REPRESENTATIVES

 

SUBJECT 3 THE INDIVIDUAL LABOR RELATIONSHIP:

3.1 CONCEPT AND CHARACTERISTICS OF THE EMPLOYMENT CONTRACT

3.2 ELEMENTS OF THE EMPLOYMENT CONTRACT

3.3 THE SUBJECTS OF THE EMPLOYMENT CONTRACT

3.4 WORKS EXCLUDED FROM LABOR LEGISLATION

3.5 SPECIAL LABOR RELATIONS

3.6 BASIC ASPECTS OF THE EMPLOYMENT CONTRACT

3.7 CLASSIFICATION OF THE EMPLOYMENT CONTRACT

3.8 SUBSTANTIAL MODIFICATIONS OF THE EMPLOYMENT CONTRACT

3.9 SUSPENSION OF THE EMPLOYMENT CONTRACT

310 TERMINATION OF THE EMPLOYMENT CONTRACT

 

SUBJECT 4 THE SALARY

4.1 THE SALARY: SALARY AND NON-SALARY CONCEPTS

4.2 THE PAYROLL.

4.3 THE DISCHARGE.

 

SUBJECT 5 THE SOCIAL SECURITY:

5.1 THE SOCIAL SECURITY SYSTEM

5.2 SOCIAL SECURITY SCHEMES

5.3 ADMINISTRATIVE STRUCTURE OF SOCIAL SECURITY

5.4 OBLIGATIONS OF THE EMPLOYER WITH SOCIAL SECURITY

5.6 SOCIAL SECURITY BENEFITS

Evaluation system


The business law subject is 8 ECS credits and its final assessment is carried out in the third term.

It consists of two parts: Mercantile second quarter and Labor third quarter.

 

PARTS OF THE CONTINUOUS ASSESSMENT:

60% of the grade will be obtained from the exam of each quarter, which will consist of test-type questions / short open questions.

40% of the grade will be obtained from practical cases, questionnaires, work always carried out in a work team/or individually.

Voluntary participation and attendance at the proposed activities will be valued.

 

In the 2nd partial term commercial part of an eliminatory nature, students who pass with a minimum grade of 5 will eliminate this part in the third term.

There is NO recovery in the second trimester.

 

3rd term two types of exam

Final exam of both parts for those who did not eliminate the mercantile part in the second term, students must pass with a minimum grade of 5, to add the part of continuous assessment.

Final exam labor part for those students who passed and eliminated the mercantile part in the 2nd term.

The evaluation of the subject will be made up of the average between the marks obtained for the commercial and labor parts, provided that each of them is equal to or greater than 5 out of 10.

 

RECOVERY EXAMS:

Examination of both parts for those who have completed all of the subject in the June call

Labor part exam for those who have this part suspended in the June call

If the subject is suspended, only the parts corresponding to the final exams can be recovered (60% of each term), the grade of the activities carried out during the course of the approved practical parts will be kept. Minimum grade of the recovery test must be 5 out of 10.

 

A student who has not applied for the first call CANNOT apply for recovery.

REFERENCES


Basic

Labor law. Alfredo Montonya Melgar. Editorial Tecnos.   

Handbook of Commercial Law. Volumes I and II Tecnos.

Introduction to Commercial Law. Pull the White. Francisco Vicent Chuliá.

Labor law course. Tirant lo Blanch manuals. Director Juan M. Ramírez Martínez. latest editions. 

Notes on Commercial Law. Aranzadi. - Alberto Brercovitz Rodriguez Cano.

Commercial law. Volumes I and II Marcial Pons. Guillermo Jimenez Sanchez.

Commercial Code and Other Commercial Rules. Ed. Thomson Aranzadi. Ramon B. Garcia Luengo AND OTHERS. Last edition. Minimum 2011.

Calzada Conde, María Angeles; E. Villa and E. López. Basic trading companies. Pamplona, ​​Editorial Aranzadi, 2007 (KKT1050 / C35)

SALA FRANCO (coord), Labor Law Course. Tirant lo Blanch, Valencia, (latest edition).

Complementary

Practical memento Francis Lefebvre. Mercantile Companies. Latest editions. Minimum May 2015.

www.gencat.cat/treball

www.mtas.es

www.seg-social.es

www.ilo.org

Commercial register.
The commercial registrar.
Bankruptcy Website. Notaries.

www.labourlawnetwoek.eu 

www.reformalaboral.com  

www.redtrabaja.es 

www.europa.eu

www.etuc.org 

www.ces.es

Practical memento Francis Lefebvre. Limited companies. Latest editions. Minimum 2014.

Practical memento Francis Lefebvre. Bankruptcy. Latest editions. Minimum 2015.

Aguilar Rubio, Marina. Tax credit and bankruptcy. Madrid, Editorial Wolters Kluwer, 2009 (KKT1942 / A48

MERCADER UGUINA, Labor law, new technologies and the information society. Lex Nova, Valladolid, 2002.