MAN 5009 Labour Legislation and Working Life

MAN 5009 Labour Legislation and Working Life

Course code: 
MAN 5009
Department: 
Law and Governance
Credits: 
30
Course coordinator: 
Gina Bråthen
Course name in Norwegian: 
Arbeidsrett og arbeidsliv
Product category: 
Executive
Portfolio: 
Executive Master of Management
Semester: 
2023 Autumn
Active status: 
Active
Level of study: 
Master
Teaching language: 
Norwegian
Course type: 
Associate course
Introduction

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.

Learning outcomes - Knowledge

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
Learning outcomes - Skills

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
General Competence

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.
Course content

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.

Teaching and learning activities

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.

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

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

Qualifications

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. 

Exam categoryWeightInvigilationDurationGroupingComment exam
Exam category:
Submission
Form of assessment:
Written submission
Exam code:
MAN 50091
Grading scale:
ECTS
Grading rules:
Internal and external examiner
Resit:
Examination when next scheduled course
60No1 Semester(s)Group/Individual (1 - 3)Term paper, counting 60% of the total grade.
Exam category:
Submission
Form of assessment:
Written submission
Exam code:
MAN 50092
Grading scale:
ECTS
Grading rules:
Internal and external examiner
Resit:
Examination when next scheduled course
40No72 Hour(s)Individual Individual 72 hours home exam counting 40% of the total grade.
Exams:
Exam category:Submission
Form of assessment:Written submission
Weight:60
Invigilation:No
Grouping (size):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
Invigilation:No
Grouping (size):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
Type of Assessment: 
Ordinary examination
All exams must be passed to get a grade in this course.
Total weight: 
100
Course codeCredit reduction
MAN 2956/2957100
MAN 5131100
MAN 5186100
Credit reductions:
Course code:MAN 2956/2957
Credit reduction:100
Course code:MAN 5131
Credit reduction:100
Course code:MAN 5186
Credit reduction:100
Reduction description

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.

Student workload
ActivityDurationComment
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
Sum workload: 
800

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.