APPLIES TO ACADEMIC YEAR 2015/2016
BIK 2930 Employment Law I
Responsible for the course
Department of Law
According to study plan
Language of instruction
Most personal work conflicts are due to inadequate routines for avoiding such conflicts, and for how conflicts that do arise can be handled and solved. The result is often that the extent of the conflict increases and becomes more complicated. This is largely due to poor employer understanding of the basic principles of labour law, and causes major economic and personal problems for the parties.
Labour Law I gives the participants knowledge of legal regulation of employment, insights into legal methods, legislation and contracts in labour law, based on vital problems and theories of importance for the employer function. A thorough introduction is given to individual and collective labour law (tariff law), with an emphasis on the framework conditions for employment, wage and work conditions, the employer's management prerogative, and termination of employment due to the employee's conduct (dismissal, discharge, resignation on account of age, disability, etc. A crucial element in the course is an understanding of the connection between regulations, the employer's management prerogative and the practical organizing of important processes in labour law.
Course participants shall be able to organize routines for handling labour law conflicts and be able to carry them out, with the aim of limiting the conflict to a reasonable level.
The course participants shall have a positive awareness of regulations and agreements that govern the relationship between the parties and respect these regulations and agreements.
No particular prerequisites, but working life experience is a clear advantage, general admission requirements.
Fougner, Jan ... [et al.]. 2013. Arbeidsmiljøloven : lov av 17. juni 2005 nr. 62 om arbeidsmiljø, arbeidstid og stillingsvern mv. : kommentarutgave. 2. utg. Universitetsforlaget. Pensumrelevante deler
Langfeldt, Sverre Faafeng, red. Næringslivets lovsamling 1687-... til Lov og rett for næringslivet. Siste utg. Universitetsforlaget : Focus forlag. Pensumrelevante lover. Obligatorisk oppslagsverk
Storeng, Nils H., Tom H. Beck og Arve Due Lund. 2014. Arbeidslivets spilleregler. 3. utg. Universitetsforlaget. Kapittel 1-8, 10-14, 19-22, 28-33, 41-44
Hovedavtalen LO-NHO. Siste utgave
Langfeldt, Sverre F. 2015. Arbeidsrett (særtrykk av kapittel 9 i Lov og Rett for Næringslivet). Focus Forlag. Hele kapitlet
Lovforslag (lovproposisjoner), dommer og andre avgjørelse og annet utdelt materiale (ppt-presentasjoner). Dokumentene er tilgjengelige på its learning og på www.regjeringen.no
Ot.prp. nr 49 (2004-2005). 2005. Ny lov om arbeidsmiljø, arbeidstid og stillingsvern m.v.. (pensumrelevante deler)
Prop 39 L (2014-2015). 2014. Midlertidig ansettelse m.v.. (pensumrelevante deler)
Prop L 2011-2012 nr. 74. 2012. Likebehandling ved utleie av arbeidstakere. (pensumrelevante deler)
Fougner, Jan. 2007. Endring i arbeidsforhold : styringsrett og arbeidsplikt. Universitetsforlaget
Skjønberg, Alexander Næss og Eirik Hognestad. 2014. Individuell arbeidsrett. Gyldendal juridisk
Sundet, Tron Løkken. 2014. Tariffavtalen. Fagbokforlaget
1st session :
Sources of labour law. Recruitment process. Equal opportunity and
anti-discrimination. Employment conditions. The form and content of the employment contract.
2nd session :
Management prerogative and duty of loyalty. Wage terms. Collective labour law. Holiday and holiday allowance. Sick leave and sickness benefit. Leave of absence.
3rd. session :
Job protection regulation and termination of employment contracts. Dismissal,
suspension and discharge.
Learning process and workload
The course duration is 40 lecture hours, organized in three 2-day sessions.
There is a 72-hour home exam at the end of the course, which may be answered by groups of up to 3 persons.
BIK 29301; 72-hour home exam, counts 100% of the course BIK 2930, 7,5 ECTS credits.
Examination support materials
Re-sit at the next ordinary exam
1st session - Labour Law - foundations and forms of regulation. Recruitment and employment
This session aims to give an introduction to the foundations and basic concepts of labour law, the sources of law and the function of labour law regulation in society and enterprises. A detailed review is given of the rules of law that concern employment and the types of employment that may be utilized. After the session, the participants shall have acquired knowledge of the basic rules for working terms, and the importance of such rules when employment contracts are to be entered into and handled.
The foundations of labour law
- Regulations in labour law; legislation and contract forms
- Review of employment law regulation
The sources of law in employment law - national and international
- International conventions, EU and EEA law
- Laws and regulations
- Case law
- The tariff agreement and the personal employment contract
- The employer's management prerogative
Basic concepts and function
- The aim and function of employment law regulation in society and enterprises.
- The employment law parties - employees and enterprises, organizations, authorities and courts of justice
Recruitment and forms of employment
- Recruitment, employment office
- Announcement and employment; differences between private and public enterprises
- Forms of employment (permanent employment, probation, temporary employment, temporary positions, trainees, fixed term)
- Hiring in and hiring out of manpower
The employment contract's form and content
- Requirements as to form when entering the contract and later amendments
- The factual content of the contract; Importance for the right to make later amendments
2nd session - Tariff agreements and employment agreements, working terms
The session discusses the employer's management prerogative in relation to laws and contracts that regulate the employment. An introduction is also given to the rules concerning tariff agreements and their importance for regulating wages and working terms, the conclusion of such agreements, and the impact of tariff agreements on employment agreements (collective employment law). Finally a review is given of the rules for holiday and holiday allowance, sick leave and sickness benefit and the rules for leaves of absence.
Management prerogative and duty of loyalty
- The management prerogative as residual competence
- The management prerogative in practice
- The employee's subordination duty - resignation
Tariff agreements and their significance
- Tariff agreements - concept, forms and main effects
- Interaction between legislation and tariff agreements
- Wage determination and other working terms
- Society made up of organizations and tariff agreements, practical significance
Entering into tariff agreements and the effects of them
- Tariff agreement parties -membership
- "Game rules" when entering into and amending agreements - negotiations, mediation and labour disputes
- The binding effects of tariff agrements; tariff commitment in practice
- Legal disputes and disputes of interest, labour peace guarantee and labour disputes
- The tariff agreement's "binding" effects - "invariability" and effect for employment contracts and enterprises
- The tariff agreement's effects after dismissal and closing-down
Wages and beneifts
- Wage setting, wages and "fringe benefits"
- Types of wages and payment rules
Holiday, sick leave and leave of absence
- Holiday, holiday period and holiday allowance
- Sick leave, sick benefits
- Leave of absence
3rd session Termination of the employment contract - changes and job protection
The session aims to give in-depth knowledge of the general rules concerning changes in and termination of the employment contract due to the employee, and how such cases can be handled in the enterprise and in the courts.
Changes in employment relationship
- Foundation and limits. The employer's management prerogative
- Limits to dismissal and discharge; practical approaches
Termination forms and fundamental requirements
- Resignation. Retraction
- Dismissal, suspension and discharge due to employee conduct
- Termination deadlines based on law or agreement
- General procedural rules; information and discussion
- Requirements as to form and their significance
Dismissal and discharge due to employee
- Substantive basis for dismissal, suspension and discharge. Case law.
- Employee's right to continue in the position after dismissal
- Conflict resolution; negotiations and legal proceedings
- Legal effects of lawful discontinuance
- Agreements on discontinuance and benefits etc. by resignations
Indemnification by unlawful discontinuance