General information


Subject type: Basic

Coordinator: Núria Masferrer Llabinés

Trimester: Second and third quarters

Credits: 8

Teaching staff: 

Lourdes Maria Montoro Del Valle
Estela Pombo Gutiérrez 
José Ramón Ruiz Molina 

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.

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. 

 

Learning outcomes


Apply knowledge about law and its implications in the economic field. In particular, on the Law of contracts with economic relations and with both labor relations.

This subject has methodological and digital resources to make possible its continuity in non-contact mode in the case of being necessary for reasons related to the Covid-19. In this way, the achievement of the same knowledge and skills that are specified in this teaching plan will be ensured.

The Tecnocampus will make available to teachers and students the digital tools needed to carry out the course, as well as guides and recommendations that facilitate adaptation to the non-contact mode.

Working methodology


Theoretical sessions

MD1. Master class. Lectures based on the teacher's explanation attended by all students enrolled in the subject.

MD3. Presentations. Multimedia formats that support face-to-face classes.

Guided learning MD7. Case study. Dynamics that starts from the study of a case, which serves to contextualize the student in a specific situation, the teacher can propose different activities, both individually and in groups among students.
Autonomous learning

MD9. Solving exercises and problems: Non-contact activity dedicated to the resolution of practical exercises based on the data provided by the teacher.

MD11. Non-contact tutorials. For which the student will have telematic resources such as e - mail and ESCSET intranet resources.

 

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

Learning activities


  • Continuous attendance at the different sessions
  • Personal work by reading the recommended texts, carrying out exercises, writing assignments and personal study of contents and procedures
  • Work with the teacher and other groups of students in class
  • Work with your research and defense group in front of other classmates and teacher

Evaluation system


The evaluation of the subject will consist of the average between the mark obtained in the 2nd and 3rd term (commercial and labor part) as long as each one of them is equal or superior to 5 out of 10.

Calculation for obtaining the mark regarding business law (2nd quarter + 3rd quarter):

  • 60% of the mark will be obtained from the final exam of the term which will include test-type questions and some questions to be developed. A minimum grade of 5 out of 10 is required to average the other continuous assessment grades for each quarter. 
  • 30% note of the quarterly follow-up cumulative evaluation composed of:
  • 1.- realization of practical cases and questionnaires: previous preparation correction out of class and / or evaluation and correction in session in class. Legal research and legal terminology out-of-class preparation and correction by the teacher.
  • 2.- work in information research group regarding a monographic topic or seminars. Work done by students out of class and defended orally in class session.
  • 10% of the grade for class attendance. 

RECOVERY EXAM in case of failing the subject, only the parts corresponding to the final exams can be recovered (60% of each term), the mark of the activities developed during the course of the practical approved parts will be kept. Minimum mark 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.