Study:	Law - 8. semester
Code:	144857
ECTS:	8.0
Course coordinators:	prof. dr. sc. Ivana Grgurev izv. prof. dr. sc. Viktor Gotovac izv. prof. dr. sc. Ivana Vukorepa
Lecturers:	dr. sc. Iva Bjelinski Radić - Lectures
Exam dates:	14. 11. 2023. 20. 02. 2024. 05. 04. 2024. 10. 05. 2024. 25. 06. 2024. 09. 07. 2024. 27. 08. 2024. 10. 09. 2024. Exam registration: Studomat

Literature:

Anton Ravnić; Osnove radnog prava; Pravni fakultet Sveučilišta u Zagrebu (2004), str. 98-116; 130-158; 207-252; 279-302; 459-549; 580-626; 646-652 Željko Potočnjak; Radni odnosi državnih službenika; Pravni fakultet Sveučilišta u Zagrebu (2013), str Željko Potočnjak, Andrea Grgić; Osnovni pojmovi i koncepcije o zabrani diskriminacije u radnom pravu, u: Perspektive antidiskriminacijskog prava (uredili: Željko Potočnjak, Ivana Grgurev i Andrea Grgić); Pravni fakultet Sveučilišta u Zagrebu (2014), str. 1-48 Zakon o radu; , str Zakon o reprezentativnosti udruga poslodavaca i sindikata; , str Zakon o rodiljnim i roditeljskim potporama; , str Zakon o zaštiti na radu (samo čl. 1. - 82.); , str Zakon o strancima iz 2020 (samo članci 88.-149), te Zakon o državljanima država članica Europskog gospodarskog prostora i članovima njihovih obitelji (samo čl. 6., 13.-17.).; , str Zakon o tržištu rada; , str Zakon o mirovinskom osiguranju (samo članci 1.-140.a); , str Zakon o obveznom zdravstvenom osiguranju (samo članci 1.-86. i 119.-134.); , str Zakon o dobrovoljnom zdravstvenom osiguranju (samo članci 1.-34.); , str Zakon o socijalnoj skrbi (samo članci 1.-69., 126-161 i 287-291)); , str Zakon o doplatku za djecu; , str

Description:

Theoretical definition of labor and social security law as special branches of law, their relationship with each other and with other branches of law. Economic, social and political aspects of labor and social rights and issues of interdisciplinary approach to labor and social rights. The main determinants of the historical development of labor and social law. Labor and social security rights as human and constitutional rights and the specificities of their protection. Basic information on the competence and manner of action of the European Union in the regulation of labor and social security rights. Prohibition of discrimination in labor and social security law. Databases, research, drafting of decisions, judgments, policies and reports in the field of labor and social security law. Specificities of autonomous and heteronomous sources of labor law with a focus on collective agreements, conventions of the International Labor Organization and primary and secondary sources of European Union law. Distinguishing between individual and collective labor law. Within the framework of individual labor law, the specificities of typical and atypical employment contracts, working time and rest periods, salary, transfer of employment contract to another employer, prohibition of competition between workers and employers, compensation for damages from employment, termination of employment contract are studied as well as the right to severance pay, special protection of workers' rights in the event of employer's insolvency and judicial and out-of-court settlement of labor disputes. Within the framework of collective labor law, the issues of organizing workers in trade unions and employers in their associations, collective bargaining and the main features of collective agreements, the right to strike and workers' participation in decision-making are considered. Specificities of labor relations between state and public servants. Employment of alien workers. The concept and fundamental legal issues of safety and security at work. Active employment policy and public employment service functions. Main features, structure and financing of the social security system. Pension insurance system. Ratio of current and capital funded pension insurance. Vocational rehabilitation and employment of persons with disabilities. Conditions for acquiring the right to old-age, disability and survivors' pensions. Factors determining and adjusting pensions. Health insurance system. Health insurance rights. Rights of unemployed persons. Maternity and parental benefits. Child allowance. Organization, financing and fundamental rights from the social welfare system. Specificities of administrative procedure and judicial protection in the exercise of social rights.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

Define labour and social security law as special branches oflaw, their relation and relation with other branches of law. This particularly applies to the basic institutes of individual and collective labour law and increasingly important institutes of active employment policy and protection of the unemployed, penison and health insurance, social welfare, maternity and parental support, child allowances, professional rehabilitation and emplyoment of disabled persons, as well as protection of fundamental human rights, including protection from discrimination in labour and social security law.

Explain basic characteristics of the historical development of labour and social security law. Main theories of labour and social security law and their basic institutes. The relation between international, European and national labour law and social security. Economic and social significance of labour and social security law and social, economic and developmental consequences of different systems of organising and financing social security.

Indicate: economic, social , political and other factors of the development of labour and social security law. Human rights particularly important for labour and social security law. Normative acts of the International Labour Organisation and acquis communautaire relevant for the regulation of labour and social security relations in the Republic of Croatia. Different systems of normative regulation of employment relations and social security.

Recognise: relevant law and relevant legal institute for resolving certain legal issues from the area of labour and social security law and determine which procedure should be applied for resolving this issue (labour or social dispute).

Critically evaluate: proposals for normative regulation of individual issues from the area of labour and social security law and proposals for resolution of individual labour and social disputes.

Discuss: different models and individual solutions of the development of labour and social law.

Report: about possible solutions for certain legal issues from teh area of labour and social law. Propose appropriate legal means and procedures for resolving certain legal issues.

 

Application

After successfully completing the course, students will be able to:

Select: relevant doomestic, European or international law that shold be applied in a certain legal problem.

Interpret: relevant international, European and domestic law.

Conduct: procedures of determining legally relevant facts and decide about disputable and indisputable issues from the area of labour and social security law

Apply: relevant law to determined facts and make appropriate decision, or propose appropriate decision to the competent body

Use: different databases of legal sources, court practice and relevant literature in the preparation of decisions about different legal issues

Outline: drafts of decisions, decision and normative acts that regulate certain social rights

Illustrate: different possibilities for resolving certain legal issues and different outcomes of these possibilities

 

Analysis

After successfully completing the course, students will be able to:

Distinguish: different legal problems and sources of law relevant for their solution

Analyse: legal or social problme, its factual and legal aspects. Effects of proposed legal solutions for the rights and interests of interested legal subjects, taking into consideration their social aspect

Calculate: monetary compensation or assistance, pension and costs of selected solutions if the calculation in question demands knowledge about basic mathematical and statistical rules

Examine: relevantcourt and administrative practice and literature related to a certain legal issue

Compare: legal and other outcomes of selected legal solutions. Legal regulation of a certain issue in domestic, foreign and international legal orders

resolve: legal issues from labour and social security law

categorise: types of social benefits, pensions, child allowances, unemployment benefits, maternity and parental allowances, pension and health systems, social welfare system, active employment policy and care for the unemployed, family allowances and parental support, employment agreement, regulation of working hours and breaks, termination of employment agreement, prohibtion of competition between employee and employer, associations of workers and employers, collective agreements, forms of workers' participation, strikes and other forms of industrial actions,

 

 

Synthesis

After successfully completing the course, students will be able to:

Prepare: drafts of individual and general legal acts and explanations of individual and general normative acts that regulate certain social rights.

Plan: making individual and general legal acts and policies that have certain legal and social consequences.

Propose: making decisions or other individual legal acts.

Formulate: poposals for passing or changing certain laws, by-laws, individual decisions or similar legal acts from the area of pension and health insurance, social welfare, unemployment protection and family allowances and support.

Organise: work of social welfare centers, state and local bodies in charge of social security issues.

Distribute: tasks for individual team members or means for completing certain tasks.

Manage: social welfare center, state administration or local self-government body in charge of social affairs, nonprofit institution concerned with social security.

Manage: a team that provides and decides about rights from the area of social security; a team composed of social workers, lawyers, psychologists and other experts that has to analyse a certain s ocial issue and propose a solution from the area of laboure and social securitylaw; organisational unit or state administration or local self-government body competent for resolving social issues.

 

Evaluation

 

After successfully completing the course, students will be able to:

assess: which out of offered solutions is the most appropriate one for resolving a certain social problem. The influence of selected solution on realisation of social rights, and on economic and social development. Social consequences of the selected solution.

recommend: how to solve certain social problem, how to improve social protection of particularly vulnerable groups, how to change certain institutes of pension and health insurance, how to improve social welfare systemn and how to adjust unemployment insurance system with active employment policy principles.

Examine: legal and social quality of normative regulation of certain issues from the area of labour and social security law.

Evaluate: proposals for resolving certain social problems and issues, policy and proposals for laws and by-laws that regulate certain areas of social security.

Compare: legal, social, economic and other consequences of selected solutions.

Select: the most appropriate resolution of a certain issue from the area of labour and social security law, taking into consideration its legal and social aspect. Policy to be recommended for solving certain labour and social problems.

Practical and Generic Skills:

After successfully completing the course, students will understand and be able to explain the subject matter, sources of law and other legal specific features of labour and social security law. This particularly applies to economic, social, political, cultural and other determination of individual legal solutions in these branches of law. At it, the students will have, apart from the legal one, the ability to assess social effects of the selected solutions. They will be able to determine relevant facts, choose a relvant legal rule (national, EU and international), analyse court and administrative practice and propose an adequate solution of a certain social problem. They will be trained to make contracts, decisions and other acts passed in connection with the legal regulation of labour and social security relations. In cooperation with lawyers, economists and other relevant experts, they will be able to participate in processes of assessing the effects of the need for legal regulation of an issue from the area of labour and social security law and the preparation of normative acts for the regulation of these issues. For that puprpose, they will be trained to make necessary analyses and to present their results. They will be able to conduct administrative and court procedures pertaining labour and social security law and for the management of human potentials in companiesand units of state administration and local self-government.

Matching Assessments to Learning Outcomes:

Knowledge is assessed through seminars,mid-term examinations and oral examinations.

Mid-term examination is a written or oral form of testing knowledge in which the student has to demonstrate that they can define the concept of labour and social security law, explain the factors of historical development of these branhes of law and basic institutes of labour and social security law, prepare a decision of simpler individual legal acts, indicate relevant legal sources, find relevant administrative and judicial practice important for resolving a legal problem and compare the effects of selected legal solutions.

Seminar paper is a shorter analysis of an important legal problem that demands the study of relevant literature, legal sources, court and administrative practice and which results in the student's own conclusions about the analysed problem. The conducted analyses and its conclusions is publicly presented by the student to a seminar group. Other attendants of the seminar group critically evaluate the conducted analysis and its results, and the student has to be able to answer the formulated questions and critical remarks.

Apart from the seminar presentation, the student has to write a seminar paper that has to satify all criteria for the preparation of a scientific review. Usage of foreign literature and databases is particularly valued. Particularly good seminar papers are assessed as scientific reviews.

 

Oral examination consists of testing the understanding of basic theories and institutes of labour and social security law, reproducing theoretical explanations and standpoints and the position of the court practice about individual institutes of labour and social security law, comparison of different systems of labour relations and social security and legal institutes that are characteristic for them, demonstrating the ability to apply relevant sources of law on resolving certain less complex legal issues and problems, and evaluating individual legal solutions considering their influence on the realisation of fundamental human rights and economic and social development.

Consultations schedule:

• izv. prof. dr. sc. Viktor Gotovac:

  Wednesdays at 17.00

  Location: Gundulićeva 10, room 11
• izv. prof. dr. sc. Ivana Vukorepa:

  Thursdays at 11.00. 

  Location: Gundulićeva 10, room 13
• dr. sc. Iva Bjelinski Radić:

  In the academic year 2023/2024 consultations will not be held due to the use of maternity and parental leave. 

  Location: Trg Republike Hrvatske 3, room 40 (4. kat - potkrovlje)