¡Descarga Working Conditions: Working Time in Spanish Employment Law - Prof. Fita y más Apuntes en PDF de Derecho Laboral solo en Docsity! ESTABLISHMENT OF WORKING CONDITIONS: WORKING TIME General description • Workload Non-classroom activities: 3 hours in two weeks Classroom activities: 2 hours in two weeks • Work in groups Practical aspects of the subject will be worked on in groups of three people. • Resources Legislation: - Estatuto de los Trabajadores and some other legislation as described in the presentation of the lesson (Power Point) - DIRECTIVE 2003/88/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 November 2003 concerning certain aspects of the organisation of working time - ILO Convention No. 132 - Holidays with Pay Convention (Revised), 1970 Bibliography - xxx Jurisprudence - Westlaw database/Toldocs database How to prepare each lesson 1st) Before each lesson some activities will be proposed to students. The proposed activities will be done both individually at home and in groups in the classroom. a) Individual work at home: - Before the lecture students are requested to read the legal regulations on the proposed subject area to be dealt with, as well as the correlative chapter of the textbook. - Then, they must try to answer the questions proposed in the section “Goals to achieve” > “Knowledge”. - After that, students will try to give a solution to the cases proposed in the section “Goals to achieve” > “Understanding and application”. b) Work in groups: - At the beginning of the lecture, students will have 10 minutes to share their solutions in groups of three people. 2nd) Open discussion of the proposed cases and explanation of the contents proposed for each lecture. 3rd) New cases or tests in order to check the students’ progression (not in all lectures). PAGE 3 Goals to achieve (*): (*) Definition of goals refers to what is expected from students once the unit has been completed. Knowledge: 1. Identify the goals of legislation on working time. 2. Distinguish between working time (jornada) and working hours (horario). 3. Define working time: effective work. 3. Identify the legal limits to working time. 4. Describe the irregular distribution of working time: definition and legal possibilities. 5. Describe the flexible distribution of working time: differences with irregular distribution of working time. 6. Identify special types of working time and their rationale. 7. What possibilities exist in Spanish Employment Law for short-time working? 8. What’s the definition of overtime? Describe its legal limits. 9. How can overtime be compensated? 10. What differences exist in the definition of night work and night workers? 11. What specialities exist in working time in case of underage workers? 12. Describe the legal regime of public holidays (bank holidays). 13. Describe the legal regime of annual holidays. Understanding and application: Answer the following questions according to the sentences and legislation provided. Please, pay special attention to the problems involved and the motivations given by the courts. 1. Fridays are devoted to God according to Antonio’s religion, so no work should be done on those days. On that ground, Antonio wants to know if he has the right to rest on Fridays instead of Sundays, which is the normal weekly resting day in the company. Preliminary ruling Case C-84/94 Judgement of the Tribunal Constitucional 19/1985 2. Daniel wants to make use of the right to a reduction of working time for breastfeeding reasons (art. 37.4 ET) even if his wife is unemployed. Is he entitled to it? Preliminary ruling Case C-104/09 Preliminary ruling Case C-5/12, 3. ABSA closes its premises during August every year so employees have their annual holidays in that month. Amparo gave birth to her first son at the end of July, which implies sixteen weeks of maternity leave. Would Amparo be entitled to have her annual holidays after expiring the 16 weeks of maternity leave? Would it be the same if Amparo had suffered an accident on the second day of her holidays so that she would be on sick leave for two months? Art. 38 ET Preliminary ruling Case C-342/01 Preliminary ruling Case C-78/11 4.- Read art. 37.5 ET and the following situation: A worker has a child (under 12) He/she is working in shift work in two turns (morning and afternoon) He/she ask for a reduction of his/her working time (50%) He/she ask not to work in the afternoon shift but only in the morning one PAGE 3
