University of Liege | Version française
Study programmes 2008-2009Last update : 29/06/2009
DROI0211-1  Labor law: special questions
Duration :  30h Th
Credits/ECTS :  
Master in Law, Professional Focus in Business Law, 1st yearDeuxième quadrimestre6
Master in Law, Professional Focus in Public and Administrative Law, 1st yearDeuxième quadrimestre6
Master in Law, Professional Focus in Private Law, 1st yearDeuxième quadrimestre6
Master in Law, Professional focus in Criminal Law, 1st yearDeuxième quadrimestre6
Master in Law, Professional Focus in Labour Law, 1st yearDeuxième quadrimestre6
Master in Law, Professional Focus in Labour Law, 2nd yearDeuxième quadrimestre6
Holder(s) :  Jacques Clesse
Language :  Langue française
Course contents :  This course examines Belgian law concerning work and employment contracts ; after a general discussion devoted to the sources of employment law, it focuses on the termination of work contracts.

The termination by one party (dismissal or retirement) constituting the principal mode of terminating a work contract, a large part of the course is devoted to it. After examining terminations based on advance warning and immediate termination for serious reasons, attention will shift to various systems establishing special protection against dismissal. Also studied are the applications of employment law concerning the general ways of terminating obligations such as expiry of contract, mutual agreement, resolutory conditions, force majeure, etc.

Certain problems concerning the shutting down of businesses and mass redundancy will also be examined.
Course objective :  The aim of the course is to enable students to acquire a mastery (both theoretical and practical) of a narrow field but one which is of major importance in employment law. Thanks to the knowledge acquired students will be prepared to examine other areas of employment law.
Prerequisites :  An advanced knowledge of the general theory of obligations is strongly recommended. Furthermore the course is likely to pose significant problems to students with no legal training.
Organization :  Course participation requires preparatory work consisting of reading up relevant decisions and commentaries. The oral course is based on an exchange of questions and answers on the themes prepared.
Written notes :  A reference work (Congé et contrat de travail, Jacques CLESSE, Collection scientifique de la Faculté de Droit) is recommended to students. Other reading will be strongly recommended as the course develops.
Assessment :  Oral examination.
Contacts :  Further information can be obtained from the professor or his assistant, Raphael MALAGNINI.


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