Social law
- UE code DROIB317
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Schedule
45 8Quarter 2
- ECTS Credits 4
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Language
French
- Teacher
The Social Law course covers labour law and social security law. At the end of the course, the student will achieve the following objectives: • Understand the originality and specificity of social law with respect to other branches of law and professional realities in the field; • To properly understand the interactions between social law, other branches of law and the economic, social, human, etc. issues of the labour market as a whole; • To master the fundamental concepts of labour law and social security by knowing the applicable legal framework, in particular the organisation of social relations, the administrative and financial organisation of social security, the hierarchy of norms, the different professional categories and their specificities, the distribution of competences between entities (federal and federated), the main legal norms governing the discipline. • Use the legal framework and apply theoretical knowledge to practical situations; • To have a reflective and nuanced grasp of the subject matter; • Identify, problematize and respond to legal issues related to social law; • To qualify the legal and statutory framework studied.
The social law course covers labour law and social security law. It covers : • The articulation between social security law and labour law ; • Differences between professional categories (employees, civil servants, self-employed) ; • The history of social law ; • Collective labour relations (professional organisations, trade unions, national labour council, joint committees, works councils, collective labour agreements, etc.); • The individual employment relationship (in particular, specificities of salaried employees, civil servants, selfemployed persons; social protection regime resulting from it, employment contract (from recruitment to termination of the contract); • Worker protection (health and safety at work, non-discrimination, working time, etc.); • The administrative organisation and financing of social security (including the distribution of competences) ; • The principles relating to social security benefits with a particular focus on certain social security schemes social security (e.g. family allowances, unemployment, social assistance or retirement pensions); • Welfare at work (basic principles, welfare at work obligations, occupational health).
Please note that teaching methods may change depending on the health situation and the guidelines given by the relevant authorities. The course is essentially a lecture (36 hours spread over 12 weeks), supplemented by practical work sessions (4 TP) and autonomous home learning (AAL) for the hours of the course that cannot be given (at least 9 hours, possibly supplemented by the hours of the course that could not be given). The lecture is given in French, with the exception of one lesson which may be given in Dutch. The practical sessions are also conducted in French, but students may be required to do some reading or activities in Dutch. Self-directed learning at home is based on documents and materials that are communicated to the students in due course via webcampus ('AAL' folder). The material acquired through self-directed learning at home will not be presented in the lecture. The student is expected to acquire the material on his or her own and may be asked to do so in the examination. In order to show the importance of social law and to make the subject as lively as possible, the lecture is closely linked to current events and developments (social developments, strike movements, new reforms, social consultation, relocation, statistics on social benefits, social debates, etc.). It is therefore more than likely that some of the material covered in the course will not be included in the reference materials listed below. The lecture is based on : • A manual of labour law (KEFER, F. and CLESSE, J., Manuel de Droit du travail, Larcier, edition 2018); • One or more reference publications on social security (available during the social security lectures on Webcampus); • A code of social law (code La Charte CLC4droit social, edition 2021-2022) ; • A casebook 2021-2022 (available from September via webcampus). The basis of the social law course is the lecture and therefore the student's lecture notes. The student can usefully supplement his or her lecture notes, particularly with the content of the reference publications on social security law and the labour law manual. Furthermore, when the lecture is based on Powerpoint presentations, these presentations will be available on Webcampus at the end of the course in PDF format only. The lecture aims to introduce the subject, emphasise and explain important points, give a different perspective on the subject and possibly make a link with some or all of the case law included in the collection. It is essential that the student ensures that his or her lecture notes are up to date and worked on throughout the term in order to be able to follow the course easily and to prepare for the exams as well as possible. The use of the CLC4 'Social Law' code is essential for the course, the exams and the exercise sessions. A casebook containing various decisions, both in French and Dutch, is intended to illustrate the subject matter and to work on it. The decisions in the casebook form part of the examination material, regardless of the language of the decisions. The use of the casebook (in paper or electronic form) is essential both in the lecture and in the practical sessions. In addition, decisions will have to be regularly read and prepared for the lecture. The Dutch translation of the basic concepts is given during the course, depending on the subject. In addition, the translation of certain terms is given in the table of contents of the case law or the Labour Law Manual. Students are required to post their questions on the webcampus forum so that all course participants can benefit from the questions and answers. Student-to-student responses are encouraged and the teaching staff ensure the quality of the answers available on the forum. It is therefore the ideal platform to ask a question and get a quality answer. Towards the end of the course, a specific question and answer session is also organised. Questions from students must be posted on the webcampus forum before the deadline.
Recommended readings are indicated or posted on webcampus. In addition, regular monitoring of social news is strongly recommended in order to make the link between the theory covered in the course and the practice of social law. Essential supports • each student's personal lecture notes (each student is logically responsible for the completeness and quality of his or her own lecture notes - see 'Teaching Method') • code of social law (code La Charte CLC4 droit social, edition 2021-2022) • casebook 2021-2022. Recommended materials • Manuel de droit du travail (Kefer, F. and Clesse, J., Manuel de Droit du travail, Larcier, 2018 edition); • Information available on www.emploi.belgique.be (website of the FPS Employment, Labour and Social Dialogue); • Information available on www.socialsecurity.be (FPS Social Security website); • Information from the websites of the various public social security institutions (Famifed, Inami, Federal Pensions Service, Onem, Fedris, ONSS, Inasti, ONVA, etc.).
Training | Study programme | Block | Credits | Mandatory |
---|---|---|---|---|
Bachelor in Law | Standard | 0 | 4 | |
Bachelor in Philosophy | Standard | 0 | 4 | |
Bachelor in Philosophy | Standard | 2 | 4 | |
Bachelor in Law | Standard | 3 | 4 | |
Bachelor in Philosophy | Standard | 3 | 4 |