Study-Unit Description

Study-Unit Description


CODE PBL3017

 
TITLE Industrial Legislation

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL Not Applicable

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit provides an examination of the law relating to the conditions of employment in the private sector.

- An introductory historical approach underlining the sources and development of Industrial Legislation in Malta.
- Discussion of basic legal terms and concepts, and the various types of employment or service contracts.
- The recognised conditions of employment. The Employment Relations Board. Protection of wages; safeguards against discrimination, victimisation and harassment at work.
- Termination of the employment contract; unfair dismissal; penalty clauses and clauses in restraint of trade.

This study-unit also aims at providing an understanding of the law relating to industrial relations relating to both the private sector employment as well as the public service.

- A discussion of the "social partners" involved in industrial relations; the personality, functions, rights and responsibilities of trade unions and employers' associations; union membership; questions of recognition.
- Collective bargaining; the industrial or collective agreement.
- Trade Union liability in industrial disputes.
- Voluntary and compulsory settlement of disputes.
- The limits of lawful industrial action; the right to strike.
- The Industrial Tribunal: constitution, competence and jurisdiction.
- The position of the public officer: engagement, tenure and dismissal.

Selected Bibliography:

- Amoroso, V. Di Cerbo, A. Maresca “Il Diritto di Lavoro (Vol II)” Giuffre’, 2001.
- S. D. Anderman “The Law of Unfair Dismissal” Butterworths, 1978.
- S. D. Anderman "Labour Law: Management Decisions and Workers' Rights" Butterworths 3rd Edition, 1998.
- Catherine Bernard “EU Employment Law” Oxford University Press, 4th Edition 2012.
- D. W. Crump “Dix on Contracts of Employment” Butterworths 5th Edition 1976.
- G. Ferraro “I Contratti di Lavoro” Cedam 2nd Edition, 1998.
- R. Rideout “Principles of Labour Law” Sweet and Maxwell 5th Edition, 1989.
- N. M. Selwyn “Selwyn’s Law of Employment” Butterworths 10th Edition, 1998.
- S. Auerbach "Legislating for Conflict" Clarendon Press, 1990.
- Benson Edition "The Law of Industrial Conflict" McMillan, 1988.
- P. Hain "Political Strikes: The State & Trade Unionism in Britian" Penguin, 1986.
- M. Whincup "Modern Employment Law" Butterworth-Heinemann 9th Edition, 1997.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Examination (2 Hours) Yes 100%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit