The assessment is based on three partial performances:
1. oral performance in class
3. final written exam on the overall material in the last unit.
Active participation in the course, especially in the form of involvement in case solutions, is expressly desired. The plus points for participation are entered in the list at the end of each unit. Students who have made meaningful comments or solved part of a case (correct or in any case justifiable) will receive a plus point.
The written examination consists of knowledge questions and short cases. The use of an uncommented collection of legal documents is permitted.
Attendance is compulsory. Students may miss no more than one class (with apologies for important reasons two classes). Attendance in the first lesson is absolutely necessary otherwise the spot will be given to students on the waiting list (exceptions can be made for important reasons with prior excuse).
The assessment will be as follows:
1. Active oral participation in case solution and discussions (10%),
2. Self-study assignments (40%),
3. Written examination (50%).
For a positive assessment of the course, attendance and the achievement of 60% of the assessment criteria are necessary.
1. Introduction: free movement of workers Art 45 TFEU, Regulation 492/2011 on the free movement of workers, Citizens’ Rights Directive 2004/38/EG
2. Posting of workers and working time: Posted Workers Directive 96/71/EC, “new” Posted Workers Directive (EU) 2018/957; Art 31 CFR, Working Time Directive 2003/88/EC
3. Protection against discrimination: Art 19 TFEU, Art 21 CFR; discrimination on the basis of gender: 153 TFEU, Directive 2006/54/EC on equal opportunities of men and women; Framework Directive 2000/78/EC (religion, belief, disability, age, sexual orientation); Directive 2000/43/EC on equal treatment irrespective of race and ethnic origin
4. “Atypical” employment: Directive 97/81/EC on part-time work, Directive 1990/70/EC on fixed-term work, Directive 2008/104/EC on temporary agency work
5. Restructuring of companies and participation of employees in business decision: Directive 98/59/EC on collective redundancies, Directive 2001/23 on transfer of undertakings, Directive 2008/94/EC on the protection of employees in the event of insolvency of their employer; collective labour law in the EU Art 154-155 TFEU, Directive 94/45/EC establishing a European Works Council, revised Directive 2009/38/EC; Directive 2001/86/EC regarding the involvement of employees of a European company (Societas Europae SE), Directive (EU) 2017/1132 and the amending Directive (EU) 2019/2121 on cross-border mergers
6. Coordination of social security systems: Art 48 TFEU, Regulation 883/2004 on the coordination of social security systems, Directive 2011/24/EU on patients’ rights in cross-border healthcare
The use of an uncommented collection of legal documents is permitted.
Thüsing, European Labour Law, C.H.Beck/Hart/Nomos (2013) (e-book accessible via u:search)
Schrammel/Windisch-Grätz, Europäisches Arbeits- und Sozialrecht, 2. Auflage (2018) (e-book accessible via u:search)
Fuchs/Marhold/Friedrich, Europäisches Arbeitsrecht, 6. Auflage (2020) (e-book accessible via u:search)
Further reading and informations on the relevant literature will be given in the first lesson.