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Workplace Litigation is a subject based on studying the basic principles of social judicial processes.
The main objective of this subject is for students to apply the basic principles of workplace litigation and to use case methodology to prepare the appropriate procedural documents for its judicial defence.
- CA02 - Know the techniques used to ascertain and establish the facts in the different types of procedures, especially with regard to the production of documents, cross-examinations and expert testimony.
- CA03 - Know and be able to integrate the defence of clients’ rights within the framework of national and international jurisdictional protection systems.
- CA10 - Develop skills and abilities to choose the correct strategy for defending the rights of clients, taking into account the demands of the different areas of professional practice.
- CA13 - Know how to present facts orally and in writing, extracting and arguing their legal consequences, taking into account the context and who they are being addressed to in accordance with the methods applicable to each procedural area.
- CB06 - Possess and understand knowledge that provides a basis or opportunity to be original in the development and/or application of ideas in a professional context.
- CB07 - Know how to apply acquired knowledge and problem-solving abilities in new or little-known surroundings within broader (or multidisciplinary) contexts related to their field of study.
- CB10 - Possess the learning skills that allow them to continue studying in a mainly self-motivated and self-reliant way.
- CG01 - Acquire the ability to work individually and as part of a team as well as the communication and leadership skills required to progress in the legal profession.
Students will learn how to:
- Recognise and value the arguments that form the basis of workplace litigation and identify precedent-setting examples for each case.
- Prepare all the appropriate procedural documents for the judicial defence of a client.
- Apply the basic principles of procedural law in the workplace and identify the main problems that may arise in the course of the process.
- Apply the rules of evidence in workplace litigation.
Workplace litigation process: Principles of the process; mandatory conciliation acts; types of lawsuits; phases of the workplace litigation process; evidence; resources; execution; litigation processes in relation to Social Security.
Teaching and learning activities
The University Master's Degree in Advocacy bases its methodology on the “case method” which consists in studying real-life scenarios and problems that law firms deal with. Students prepare and analyse cases, identify issues and, once in class together with the teacher, either individually or in groups, look for solutions and share the possible alternatives available.
Our intention with the case method is to help students acquire the main skills of a good legal professional such as logical reasoning, ease of oral expression and language proficiency, among others.
The Workplace Litigation module consists of 3 ECTS of which 30 hours are teaching and then a minimum of 40 hours work by each student on which they will be assessed.
Evaluation systems and criteria
The evaluation consists of two parameters:
• Participation in class: Accounts for 60% of the final mark.
• Examination (test and case study): Accounts for 40% of the final mark.
Bibliography and resources
Students must use the legislation and jurisprudential doctrine applicable to each set of circumstances and which is referenced in each case. The basic regulation is the Regulatory Law on Social Jurisdiction, although it will also be necessary to consult other sources.
It is advisable to have access to a manual on employment procedures.
It is very important to check the current validity of the material used given the constant modification of employment regulations.