2440.16 - Public Employment Law
Public Employment Law
Bachelor degree or equivalent with adequate component of law.
To give insight into the laws, rules and legal principles governing the legal position of public employees and their relations to the employer.
Public Employment Law is basically about the legal relations between employers and employees in the public labour market. Public employment consists of a mixture between public and private law, administrative law and labor law. Employment with status as a public servant is based on the legislation on public servants and collective agreements on the labour market, while employment on a contract basis is, by and large, founded on the same legal basis as private employment. The public employer is, nonetheless, in both types of arrangements also bound by general rules of administrative law. The course covers both how the public labour market is organized, and the laws, regulations and public authorities in the field. Special attention is given to the two basic forms of employment, employment as a public servant and employment on contractual basis, but especially the latter as the increasingly most common arrangement. The course includes a description of the basic interaction between labor law and administrative rules and procedures. The course also includes a discussion of the collective labour law’s basic principles, such as the labour organizations' bargaining right and the employer's managerial rights. The more precise content will consist of: - The employment contract - The rights of the employee (wages, working hours, illness, maternity/paternity leave etc.) - Duties of the employee - Good behaviour in public service - Changes to the terms of employment - Termination of employment. Pensions. - Working environment - Shop stewards and joint councils - Personal data in public employment relations - Rights of employees in relation to reorganisation of public Administration.
Learning and teaching approaches
36 hours. The classes will mainly consist of presentations from teacher. If circumstances permit, the teaching will to some degree also include student exercises and presentations.
The students shall be able to: - Explain how the public labour market is organized, especially with regard to the interaction between labour law and administrative law. - Explain basic differences between employment as a public servant and employment on a contractual basis. - Analyze all important legal issues related to the establishment and termination of public employment, and in concrete cases be able to make a reasoned and balanced evaluation of different possible solutions. - Explain and put into perspective interfaces between administrative law and labour law principles related to employment decisions. - Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language.
Written submission shall count 1/3 of the mark, oral exam 2/3. The oral exam will be without preparation time based on the written assignment. There will also be questions about other topics beside what is covered in the written assignment. Only one overall mark will be given.
Oluf Emborg og Peer Schaumburg-Müller, Offentlig arbejdsret, 2 udg. In addition there will be materials consisting of scholarly articles, court and administrative decisions etc. available on the FirstClass network. Required reading all in all about 700 pages.