2411.15 - Faroese Collective Labour Law
Faroese Collective Labour Law
General registration: admitted to the master program in law. Special registration: bachelor degree or equivalent with sufficient insight into law in general or this subject in particular.
To give an insight into Faroese collective labour law, especially the many sources of law in a labour market characterised by many dispersed entities with law-creating functions, including unions, the Faroese Labour Court, and other tribunals, the Faroese Parliament and international institutions, which all together form the various sources of law, including collective main agreements, tariff agreements, judgements and court decisions, in addition to legislation, administrative decisions and recommendations. These various legal sources interact to create a varied and dynamic situation. Since the Faroese Labour Court was established it has become ever more important as the institution that co-ordinates and develops this challenging system, especially by interpreting the many collective bargaining agreements and associated practise and customary law. However, it is still crucial to have insight into the influence from Danish law and international law as well as domestic legislation that at times interferes. The course provides knowledge and method to analyse this complex legal situation.
The course begins with examining concepts and methods relevant to collective labour law, including overlaps to adjacent legal disciplines. Then follows a survey the following subjects, formation of collective agreements, collectivity and scope, interpretation of collective agreements, managing and compensation, industrial action, collective bargaining and public mediation, and dispute resolution. For every subject many examples will be scrutinized showing how collective labour law works out in practise, including on the powers of the parties on the collective labour marked to form collective bargaining agreements, rights and duties of their members, challenges of interpretation, dynamic practice, the relevance for the individual, legitimate and illegitimate industrial action, the importance of the collective bargaining process and the public mediation institution, in addition to the settlement of disputes in special bodies, ad hoc tribunals, the regular courts and increasingly in the Faroese Labour Court.
Learning and teaching approaches
40 hours, of which 30 are tightly scheduled and 10 others are field trips and special training sessions. The main classes will consist of presentations from teacher and exercises in addition to student presentations.
Learning outcomes and skills The students shall: -Explain the collectively organised labour marked, the sources of law, powers, institutions and conflict resolutions. -Demonstrate concrete and broad knowledge on and understanding of the substantive subjects: formation of collective agreements, collectivity and scope, interpretation of collective agreements, managing and compensation, industrial action, collective bargaining and public mediation, and dispute resolution. -Explain the importance of the constitutionally associated position of the Faroe Islands in this context, what impact Danish and international institutions have on Faroese collective labour law. -Explain the basic rules of the game concerning interest strife amongst the parties of the collective labour marked. -Explain the powers and the practise of the various conflict resolution bodies and the opportunities for the parties to use these bodies. -Explain the importance of collective labour law to the individual employer and employee and their position relative to the (employers’ and employees’) unions. -Analyse difficult collective labour law challenges demonstrating insight and understanding of all relevant kinds of sources of law. -Analyse the development that can be seen or be expected on various issues of collective labour law. -Present and argue evidence in a balanced way with an understanding of the various interests, rooms for interpretations and developments og a given issue. -Present and argue evidence with an understanding of the practical implications of the various provisions, customs and evolved practises. -Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language. Fortreytir Alment: upptikin á master í løgfrøði. Stakskeið: bachelor ella samsvarandi við nóg nógvum innliti í løgfrøði alment ella serligum innliti í hetta lógøkið. Prerequisite General registration: admitted to the master program in law. Special registration: bachelor degree or equivalent with sufficient insight into law in general or this subject in particular.
Oral exam. For the final exam the student will be allowed half an hour for preparation and will have access to the course material and other materials from the classes. The exam question will be on particular subjects raised in the course material. External examination according to valid exam scale.
Lestrarlisti Kári á Rógvi: Felagsverklóg (fyribilsútgáva) Kári á Rógvi: tilfarssavn í felagsverklóg – tøk á FirstClass undan undirvísing. Týðandi tilfar er at finna á www.fg.fo, www.lnd.fo, og www.industry.fo. Framløgur verða eisini brúktar sum stuðulstilfar til próvtøku. Course material Kári á Rógvi Felagsverklóg (fyribilsútgáva) – Collective Labour Law (preliminary edition) Kári á Rógvi: Materials for Collective Labour Law – available on the FirstClass network. Important additional materials available on www.fg.fo, www.lnd.fo, and www.industry.fo. Presentation will be used as supporting materials for the exams.