ORG 3620 Employment Law
Most conflicts between individuals in working life are the result of inadequate routines for how such conflicts can be avoided, and how they can be handled and resolved. The result is often that the conflict escalates and becomes more complex. The problem is largely due to inadequate knowledge among employers about the basic rules of labour law, which can result in grave financial and human problems for the involved parties.
This course shall provide in-depth knowledge of the legal regulation of individual working conditions and the relationship between both sides of industry. The course provides a basic insight into the working environment legislation and tariff law, based on principal problems that are important for performing employers’ functions. Students will thereby gain an understanding of both individual and collective labour law. Emphasis will be placed on the regulations for employment, hiring, working and pay conditions, management prerogative, termination of employment due to employee issues (dismissal, summary dismissal, etc.) restructuring and workforce reductions, business transfers, as well as legal effects of the tariff agreement. The course will focus on the correlations between regulations, management prerogative and the practical organizing of processes that are important in a labour law perspective.
The course offers a broad introduction to labour law in general. The student will learn to identify and handle labour law issues that arise both in private and public enterprises.
After having completed the course, the students shall:
- be familiar with legal methodology
- have a good understanding of the main legal sources in labour law
- have a good understanding of the basis for labour law and which interests that need to be balanced
- be familiar with the main aspects of the Norwegian working life model and the history of labour law
- have a good understanding of the main regulations in individual and collective labour law
After having completed the course, the students shall be able to:
- identify concrete labour law problems
- carry out independent assessments of legal issues
- work out routines to handle both individual and collective labour law conflicts
- implement these routines with the aim of limiting conflicts to a factual level
After having completed the course the students shall have
- an awareness of the rules and agreements that govern the relationship between employees and employers and both sides of industry
- developed the ability for an independent and critical approach to various issues
- a good understanding of the structure of the labour law system
The course consists of three modules:
The first module will discuss basic approaches and concepts in labour law. Key topics: historical background, sources, basic concepts (employee, employer, enterprise), management prerogative, duty of loyalty, advertising of vacancies, recruitment, and appointment.
Basic rights and duties in individual employment contracts are discussed. Key topics: salary, holidays and holiday pay, sick leave and sick pay, leave of absence.
This module will discuss non-discrimination in the workplace. Key topics: the discrimination rules, protection against discrimination as an employee will be broadly discussed. Various ways of organizing the workforce will be an important topic: various forms of employment (permanent, temporary), hiring of labour, the distinction between hiring and contract work, etc.
The first day will cover termination of employment, restructuring and workforce reductions. Key topics: the general rules on dismissal, specific employment protection for certain groups and in certain situations, dismissal during the trial period, suspension, summary dismissal, procedural rules. Key topics: business transfers, tariff agreements and their importance, entry into tariff agreements, legal effects of such agreements, rules concerning strikes, lockouts, wage settlements, etc.
Please note that there may be changes in the syllabus in the various modules.
The course is taught in three 2-day modules, totalling approx. 42 teaching hours. In addition, there will be 2 webinars.
The teaching will consist of traditional lectures, case-based teaching, and group assignments.
The course is taught over three 2-day modules.
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
There is not required prerequisite knowledge, but work experience is a definite advantage.
Form of assessment:
Internal and external examiner
Examination every semester
|Take home exam
|Form of assessment:
|Take home exam
|Examination every semester
Student's own work with learning resources
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.