MAN 5009 Labour Legislation and Working Life
MAN 5009 Labour Legislation and Working Life
| Course code | Semester |
|---|---|
MAN 5010 | 2022 Autumn |
MAN 5011 | 2022 Spring |
Introduction
The course is about the legal regulation of employment conditions. Students are enabled to understand and handle legal problems that arise when enterprises and public organizations undergo restructuring in Norway and abroad. Managers, employees in HR and OD divisions and union officials learn about the labour regulations and operating conditions that apply in the workplace.
The student shall
- have an in-depth knowledge of the ideological basis for labour legislation, the purpose of protective legislation and principal considerations in labour law regulations
- have a good understanding of legal methodology and legal sources, the importance of international law and EU/EEA law for this legal field
- have a good understanding of principal labour law concepts, their functions, and the connection between them
- have a good understanding of management prerogative and the legal delimitation of this authority
- have a good understanding of the relationship between the various regulatory systems: legislation, tariff agreement and individual agreement, and of co-determination systems and their functions
- have a good understanding of employment rules and the regulation of various forms of employment and engagement, including temporary employment and hiring
- have a good understanding of the importance of discrimination protection in labour law, with a focus on the content of the anti-discrimination act and the relationship to other labour law regulations
- understand the main aspects of whistleblowing, anti-competitive agreements and other rules relating to the employee’s duty of loyalty
- understand the main aspects of the rules concerning work environment requirements
- understand the main aspects of legislation regulating working hours, holidays, leave of absence and sick pay
- have a good understanding of the rules for termination of employment, including material and legal requirements for dismissal with notice and summary dismissal, as well as the connection with rules on suspension and redundancy
- have a good understanding of employee rights in business transfers
- be familiar with the main rules for data protection and personal data in the workplace
- be familiar with special rules and problems that arise because of international relations and activities in several countries
The candidate shall:
- be able to apply legal methodology, based on both Norwegian and international legal sources, and be able to apply relevant digital tools
- have the necessary knowledge and skills to be able to solve labour law problems, or to understand that one is facing a labour law problem that requires decision-making at a higher management level
- be able to lead or take an active part in collective labour law activities
- be able to make critical assessments of special labour law issues
- be able to formulate and convey knowledge of labour law problems
The candidate shall:
- develop an in-depth awareness of and respect for the regulations and agreements that govern the relationship between employer and employee
- have a good, critical understanding of labour law and problems related to unregulated areas
- have developed an independent and critical approach to various labour law issues
- have developed the ability to understand the meaning of a sustainable working life.
1st course module
Introduction to labour law. Historical review. Methodology, sources, and dispute settlement bodies. Basic concepts. Management prerogative. Employment contracts. Duty to care and duty of loyalty. Various ways to organize the workforce.
2nd course module
The work environment. Non-discrimination. Cooperation and collective solutions.
3rd course module
Protection of employees
4th course module
Restructuring and workforce reductions
5th course module
Public sector employee regulations. International labour law. Pension. Data protection and control measures.
This course is conducted as a combination of on-campus gatherings and digital modules. The digital modules will combine different learning activities, which will be carried out both individually (eg reading, reflection activities) and in groups (eg open discussions). The combination of collections on campus and digital modules corresponds to 150 lecture hours spread over two semesters.
The student supervision offered will vary somewhat between the various Executive Master of Management Programmes. Personal supervision and supervision during lectures will be included in the course. In general, students can expect advisory supervision, not supervision that evaluates student performance. Student supervision is estimated at 4 hours per term paper.
In programmes without compulsory attendance it is the students’ responsibility to obtain information given in class that has not been posted on the programme website/its learning or other course material.
The students are evaluated through a term paper counting 60% of the total grade and an individual 72-hour home exam that counts 40%. The term paper may be written individually or in groups of maximum 3 persons. All evaluations must be passed to obtain a certificate in the programme.
The term paper is included in the degree’s independent work of degree, cf. national regulation on requirements for master’s degree, equivalent to 18 ECTS credits per programme. For the Executive Master of Management degree, the independent work of degree represents the sum of term papers from three programmes.
In all BI Executive courses and programs, there is a mutual requirement for the student and the course responsible regarding the involvement of the student's experience in the planning and implementation of courses, modules and programmes. This means that the student has the right and duty to get involved with his/her own knowledge and practice relevance, through the active sharing of relevant experience and knowledge.
An overview of the various topics in the course modules is given below (we reserve the right to move some topics between the various course modules).
1st course module - Introduction to labour law. Historical review. Methodology, sources, and dispute settlement bodies. Basic concepts. Management prerogative. Employment contracts. Duty to care and duty of loyalty. Various ways to organize the workforce.
Targets
The course module aims to introduce students to labour law, which includes an introduction to legal methodology and dispute settlement bodies. Management prerogative will be presented in detail, as well as the employer’s right to introduce changes. The employer’s duty to care and the employee’s duty of loyalty is also discussed. An introduction is given to legislation that applies to appointment of employees, as well as an introduction to various ways of organizing the workforce.
Topic outline:
Introduction to labour law
Management prerogative, cooperation, protection of employees
Historical perspective and structure
Methodology and sources. Dispute resolution bodies
Basic concepts
The concept “employee”
The concept “employer”
Management prerogative
The basis and limits for management prerogative
The employer’s authority to make changes and the approach to making changes
Partial dismissal with offer of new appointment
Appointing new employees
The appointment process
Signing the employment contract
Various forms of appointment
Various ways of organizing the workforce
The distinction between hiring and contract work
2nd module – work environment. Equal treatment and Non-discrimination. Cooperation and collective solutions
Targets
The module covers work environment requirements, including rules on whistleblowing. Students also learn about non-discrimination in the workplace. The rules concerning employee representation and participation are discussed. Information and dialogue as required by the law are also covered. The tripartite model/Norwegian tariff system is discussed and an in-depth discussion on tariff law issues is also included.
Topic outline:
Work environment
Physical work environment
Psychosocial work environment, bullying and harassment
Whistleblowing
Equal treatment and non-discrimination
Various grounds for discrimination
Non-discrimination. De jure discrimination
Employee representation
Employee participation and co-determination.
Information and dialogue
Individual information and dialogue obligation
Collective information and dialogue obligation
The tripartite model
The Norwegian tariff system
Collective labour law/tariff law topics
Freedom of association
The tariff agreement
Interpreting the tariff agreement
Tariff obligation
Tariff revision and labour conflicts
General application of tariff agreements
3rd module – Employee protection
Targets:
This module covers the main rules on changes in, and termination of employment, due to factors relating to the employee, and how such matters shall be handled in the organization, and if disputes arise and the case must be brought to court. Rules on working hours, leaves of absence, sick leaves and sick pay, salary and remuneration, as well as holidays and holiday allowance.
Dismissal and summary dismissal due to factors relating to employee
Material terms for dismissal and summary dismissal due to factors relating to employee
Procedure and requirement as to form
Dispute resolution: negotiations and legal proceedings
Periods of notice
Invalidity and compensation in case of unlawful termination of employment
Legal effects of lawful termination of employment – severance pay, redundancy pay
Working hours
Basic considerations and purpose
The concept “working hours”
Working hours limitations
Exceptions from working hours
Leaves of absence
Statutory leaves of absence
Arranged leaves of absence
Sick leave and sick pay
The right to sick pay
Period of sickness allowance and basis for sickness allowance
Benefits from employer – employer-financed period
Sick pay refund from NAV
Salary and remuneration
The salary system
The “salary” concept and payment rules
Salary deductions
Holidays and holiday allowance
4th module – restructuring and workforce reductions
Targets:
This module covers rules that apply for restructuring of organizations by reorganization and workforce reductions. An introduction is also given to the special rules and problems that arise in business transfers. Competition clauses, redundancies and appointment priorities are also discussed.
Business transfers
Special rules apply for transfers of business
The situation for employees, impact on businesses and their responsibilities
Dismissal due to factors relating to the organization
Dismissal terms due to factors relating to the organization, including selection rules
Information, dialogue and collaboration with employee representative
Practical handling of workforce reductions
Employee’s right to continue in his/her job
Mass dismissals
Competition clauses
Basic considerations
Competition clauses: terms and procedural requirements
Customer clauses
Recruitment prohibition
Sanctions for breach of competition clauses
Priority for a new position
The terms for having priority for a new position
The effects of breach of priority rules
Redundancy
Concept and foundation
Special redundancy rules, material requirements, formal requirements and deadlines
Severance agreements
Agreements on termination and severance pay
5th module – Public sector employee regulations. International labour law. Pension. Data protection and control measures
Targets:
Employment in the public sector is discussed in this module. In addition, there is a focus on special rules and problems that arise when enterprises become more international, with activities in several countries. An introduction is also given to retirement schemes in Norwegian work life and to management prerogative on retirement issues. Data protection rules and control measures in an employment setting are also covered.
List of topics:
Public sector employee regulations
Employment, restructuring processes and termination of appointments in the public sector.
International and EU labour law
Use of foreign labour in Norway
Competition problems, practical problems
Norwegian employees sent to work in other countries
Relevant legislation on labour law, taxation and social security, etc.
International activities and labour law across borders
Choice of jurisdiction and legislation
Special rules on transnational regulations and institutions
Labour law in other countries – differences and pitfalls
Pensions
Pension schemes in Norwegian work life
Management prerogative on pension issues
Data protection and personal data. Control measures
Surveillance, personal control and treatment of personal data
Bachelor degree, corresponding to 180 credits from an accredited university, university college or similar educational institution. The applicant must be at least 25 years of age and at least four years of work experience. For applicants who have already completed a master’s degree, three years of work experience are required.
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
| Assessments |
|---|
Exam category: Submission Form of assessment: Written submission Weight: 60 Grouping: Group/Individual (1 - 3) Duration: 1 Semester(s) Comment: Term paper, counting 60% of the total grade. Exam code: MAN 50091 Grading scale: ECTS Resit: Examination when next scheduled course |
Exam category: Submission Form of assessment: Written submission Weight: 40 Grouping: Individual Duration: 72 Hour(s) Comment: Individual 72 hours home exam counting 40% of the total grade. Exam code: MAN 50092 Grading scale: ECTS Resit: Examination when next scheduled course |
All exams must be passed to get a grade in this course.
| Course code | Credit reduction |
|---|---|
| MAN 2956/2957 | 100 |
| MAN 5131 | 100 |
| MAN 5186 | 100 |
Kursene MAN 5131 Arbeids- og elevrett for skoleledere og MAN 5009 Arbeidsrett og arbeidsliv kan ikke brukes sammen i en grad. Dette gjelder også tidligere versjoner av kursene.
| Activity | Duration | Comment |
|---|---|---|
Teaching | 150 Hour(s) | |
Prepare for teaching | 150 Hour(s) | |
Student's own work with learning resources | 500 Hour(s) | Self study, term paper and exam |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 30 ECTS credit corresponds to a workload of at least 800 hours.