2018-2019 / DROI0211-1

Labor law : special questions

Duration

30h Th

Number of credits

 Master in law (120 ECTS)6 crédits 

Lecturer

Jacques Clesse

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

This course is not organised during even years (2018-2019). This course is dedicated to the aspects of Belgian law regarding work and employment contracts ; after a general overview of the sources of employment law, focus will be on the termination of work contracts. A large part of the course will be devoted to the termination by one party (either dismissal or retirement), which constitutes the major mode of terminating a work contract. After having examined termination based on advance warning and immediate termination for serious reasons, various systems of establishing special protection against dismissal will be brought under scrutiny. Other points of interests of the course encompass: the application of employment law concerning general ways of terminating obligations such as expiry of contract, mutual agreement, resolutory conditions, force majeure, etc. Certain issues related to the shutting down of businesses and mass redundancy will also be examined.

Learning outcomes of the learning unit

At the end of the course, students should be able to master both the theoretical and practical features of a limited but important field of employment law. Thanks to the knowledge acquired students will be prepared to examine other areas of employment law.

Prerequisite knowledge and skills

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 background.

Planned learning activities and teaching methods

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.
According to the number of students, a trial simulation will be organized

Mode of delivery (face-to-face ; distance-learning)

Face-to-face

Recommended or required readings

A reference work (Congé et contrat de travail, Jacques CLESSE, Collection scientifique de la Faculté de Droit) is recommended to students. A manual and a file of related documents are made available to all students. Other reading will be strongly recommended as the course develops.

Assessment methods and criteria

There will be an oral exam. The final grade will take student participation in class into account as well as student ability to produce a legal argument and criticize one. Assessment will take place throughout the year.

Work placement(s)

Organizational remarks

This course is only organised during odd years  (2015-2016, 2017-2018,...).

Contacts

Further information can be obtained from the professor or his assistant.