BIK 2930 Employment Law I

BIK 2930 Employment Law I

Course code: 
BIK 2930
Department: 
Law and Governance
Credits: 
7.5
Course coordinator: 
Alexander N. Skjønberg
Product category: 
Executive
Portfolio: 
Special Course
Semester: 
2018 Autumn
Active status: 
Active
Teaching language: 
Norwegian
Course type: 
One semester
Introduction

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.

Learning outcomes - Knowledge

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.

 

Learning outcomes - Skills

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.

Learning Outcome - Reflection

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.

Course content

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 :
Employment terms: permanent or temporary employment, probation. Substitutes. 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 requirements to students

The course duration is 40 lecture hours, organized in three 2-day sessions.

Software tools
No specified computer-based tools are required.
Additional information

1st session - Labour Law - foundations and forms of regulation. Recruitment and employment 

Objective 

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 for 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. 

Course outline 

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 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 

Objective 

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. 

Course outline 

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 

Objective 

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. 

Course outline 

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 
Qualifications

Higher Education Entrance Qualification

Required prerequisite knowledge

No particular prerequisites, but working life experience is a clear advantage, general admission requirements.

Exam categoryWeightInvigilationDurationGroupingComment exam
Exam category:
Submission
Form of assessment:
Written submission
Exam code:
BIK 29301
Grading scale:
ECTS
Grading rules:
Internal and external examiner
Resit:
Examination when next scheduled course
100No72 Hour(s)Group/Individual (1 - 3)
Exams:
Exam category:Submission
Form of assessment:Written submission
Weight:100
Invigilation:No
Grouping (size):Group/Individual (1-3)
Duration:72 Hour(s)
Comment:
Exam code: BIK 29301
Grading scale:ECTS
Resit:Examination when next scheduled course
Exam organisation: 
Ordinary examination
Total weight: 
100
Talis literature

Obligatorisk/Compulsory

Book
Authors/Editors År Tittel Edition Publisher StudentNote
Skjønberg, Alexander Næss; Hognestad, Eirik; Hotvedt, Marianne Jenum 2017 Individuell arbeidsrett 2. utg Gyldendal juridisk Pensumrelevante deler
Sundet, Tron Løkken cop. 2014 Tariffavtalen: utvalgte emner Fagbokforl
2018 Lov og rett for næringslivet: lovsamling 25. utg Gyldendal juridisk Pensumrelevante lover. Obligatorisk oppslagsverk.
Chapter
Authors/Editors År Tittel Journal Edition Publisher StudentNote
Langfeldt, Sverre F. Arbeidsrett Arbeidsrett Kapittel 9, s. 401-473
Document
Authors/Editors År Tittel Edition Publisher StudentNote
Lovforslag (lovproposisjoner), dommer og andre avgjørelser og annet utdelt materiale (ppt-presentasjoner). Dokumentene er tilgjengelige på its learning og på www.regjeringen.no
Webpage
Authors/Editors Tittel Journal URL Publisher StudentNote
Hovedavtalen LO-NHO Hovedavtalen LO-NHO Resource Siste utgave.
Book
Authors/Editors År Tittel Edition Publisher StudentNote
Fougner, Jan cop. 2016 Endring i arbeidsforhold: styringsrett og arbeidsplikt 2. utg Universitetsforl