Study:	Social Work - 5. semester
Code:	144866
ECTS:	5.0
Course coordinators:	prof. dr. sc. Željko Potočnjak prof. dr. sc. Ivana Grgurev izv. prof. dr. sc. Viktor Gotovac izv. prof. dr. sc. Ivana Vukorepa
Lecturers:	dr. sc. Iva Bjelinski Radić - Lectures
Exam dates:	03. 04. 2023. 05. 06. 2023. 26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Anton Ravnić; Osnove radnog prava; Pravni fakultet Sveučilišta u Zagrebu (2004), str. 98-116; 130-158; 207-252; 279-302; 459-549; 580-626; 646-652 Željko Potočnjak; Radni odnosi državnih službenika; Pravni fakultet Sveučilišta u Zagrebu (2013), str Željko Potočnjak, Andrea Grgić; Osnovni pojmovi i koncepcije o zabrani diskriminacije u radnom pravu, u: Perspektive antidiskriminacijskog prava (uredili: Željko Potočnjak, Ivana Grgurev i Andrea Grgić); Pravni fakultet Sveučilišta u Zagrebu (2014), str. 1-48 Zakon o radu; , str Zakon o reprezentativnosti udruga poslodavaca i sindikata; , str Zakon o rodiljnim i roditeljskim potporama; , str Zakon o tržištu rada; , str Zakon o mirovinskom osiguranju (samo članci 1.-140.a.); , str Zakon o obveznom zdravstvenom osiguranju (samo članci 1.-86. i 119.-134.); , str Zakon o dobrovoljnom zdravstvenom osiguranju (samo članci 1.-34.); , str Zakon o socijalnoj skrbi (samo članci 1.-69., 126.-161. i 287.-291.)); ; , str Zakon o doplatku za djecu; , str

Description:

Theoretical determination of labor and social security law as a special branch of law, their relationship with each other and with other branches of law. Economic, social and political aspects of labor and social security rights as well as issues of an interdisciplinary approach to labour and social security rights. The main guidelines of the historical development of labor and social security law. Basic terms and concepts on the prohibition of discrimination in labor and social security law. Databases, research, drafting decisions, judgments, policies and reports in the field of social security law. Special features of autonomous and heteronomous sources of labor law with a focus on collective agreements, conventions of the International Labour Organisation and the primary and secondary sources of EU law. Differentiation of individual and collective labor law. In the context of individual labor law studied are the peculiarities of typical and atypical employment contracts, working time and rest periods, wages, transfer of employment contracts to another employer, employee non-competition clauses, rules on compensation of damages arising from employment, termination of employment contract (especially dismissals and collective redundancies), the right to severance pay, special protection of workers' rights in the event of bankruptcy of the employer and the court and out of court settlement of labor disputes. In the framework of collective labor law considered are organizational issues of trade unions and employers' associations, collective bargaining and the main features of collective agreements, the right to strike and the workers' participation in decision-making. Special features of labor relations, civil and public servants. Active labor market policies and functions of public employment service. The main features, structures and financing of the social security system. The organization of pension insurance. Vocational rehabilitation and employment of persons with disabilities. Conditions for entitlement to old-age, disability and survivor's pension. Factors determining the pension adjustment. The organization of health insurance. The entitlements form health insurance. Unemployment insurance and rights in case of unemployment. Maternity and parental benefits. Child allowances. The organization, financing and entitlements from the social welfare system. Special features of the administrative procedure and judicial protection in the exercise of social rights.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

Define labour and social security law as special branches of law, their relation and relation with other branches of law. This particularly applies to the basic institutes of individual and collective labour law and increasingly important institutes of active employment policy and protection of the unemployed, pension and health insurance, social welfare, maternity and parental support, child allowances, professional rehabilitation and employment of disabled persons, as well as protection of fundamental human rights, including protection from discrimination.

Explain basic characteristics of the historical development of labour law and main characteristics of the historical development of social security law, including the development of different social security systems. Main theories of labour and social security law and their basic institutes. The relation between international, European and national labour law and social security. Economic and social significance of labour and social security law and social, economic and developmental consequences of different systems of organising and financing social security.

Indicate economic, social, political and other factors relevant for the development of labour and social security law. Human rights particularly important for labour and social security law. Normative acts of the International Labour Organisation and acquis communautaire relevant for the regulation of labour and social security relations in the Republic of Croatia. Different systems of normative regulation of employment relations and social security.

Recognise relevant law and relevant legal institute for resolving certain legal issues from the area of labour and social security law and determine which procedure should be applied for resolving this issue.

Critically evaluate proposals for normative regulation of individual issues from the area of labour and social security law and proposals for resolution of individual labour and social disputes.

Discuss different models and individual solutions of the development of labour and social law.

Report about possible solutions for certain legal issues from the area of labour and social law.

Propose appropriate means and procedures for resolving certain issues.

 

Application

After successfully completing the course, students will be able to:

Select relevant domestic, European or international law that should be applied in a certain problem.

Interpret relevant international, European and domestic law.

Conduct procedures of determining legally relevant facts and decide about disputable and indisputable issues from the area of labour and social security law

Apply relevant law to determined facts and make appropriate decision, or propose appropriate decision to the competent body

Use different databases of legal sources, court practice and relevant literature in the preparation of decisions about different legal issues

Outline drafts of decisions, decision and normative acts that regulate certain social rights

Illustrate different possibilities for resolving certain legal issues and different outcomes of these possibilities

 

Analysis

After successfully completing the course, students will be able to:

Distinguish between different legal problems and sources of law relevant for their solution

Analyse legal or social problme, its factual and legal aspects. Effects of proposed legal solutions for the rights and interests of interested legal subjects, taking into consideration their social aspect

Calculate monetary compensation or assistance, pension and costs of selected solutions if the calculation in question demands knowledge about basic mathematical and statistical rules

Examine relevant court and administrative practice and literature related to a certain legal issue

Compare legal and other outcomes of selected legal solutions. Legal regulation of a certain issue in domestic, foreign and international legal orders

Resolve legal issues from labour and social security law

Categorise types of social benefits, pensions, child allowances, unemployment benefits, maternity and parental allowances, pension and health systems, social welfare system, active employment policy and care for the unemployed, family allowances and parental support, employment agreement, regulation of working hours and breaks, termination of employment agreement, prohibition of competition between employee and employer, associations of workers and employers, collective agreements, forms of workers' participation, strikes and other forms of industrial actions,

 

Synthesis

After successfully completing the course, students will be able to:

Prepare drafts of individual and general legal acts and explanations of individual and general normative acts that regulate certain social rights.

Plan making individual and general legal acts and policies that have certain legal and social consequences.

Propose making decisions or other individual legal acts.

Formulate proposals for passing or changing certain laws, by-laws, individual decisions or similar legal acts from the area of pension and health insurance, social welfare, unemployment protection and family allowances and support.

Organise work of social welfare centres, state and local bodies in charge of social security issues.

Distribute tasks for individual team members or means for completing certain tasks.

Manage social welfare centre, state administration or local self-government body in charge of social affairs, non-profit institution concerned with social security.

Manage a team that provides and decides about rights from the area of social security; a team composed of social workers, lawyers, psychologists and other experts that has to analyse a certain social issue and propose a solution from the area of labour and social security law; organisational unit or state administration or local self-government body competent for resolving social issues.

 

Evaluation

After successfully completing the course, students will be able to:

Assess which out of offered solutions is the most appropriate one for resolving a certain social problem. The influence of selected solution on realisation of social rights, and on economic and social development. Social consequences of the selected solution.

Recommend how to solve certain social problem, how to improve social protection of particularly vulnerable groups, how to change certain institutes of pension and health insurance, how to improve social welfare system and how to adjust unemployment insurance system with active employment policy principles.

Examine legal and social quality of normative regulation of certain issues from the area of labour and social security law.

Evaluate proposals for resolving certain social problems and issues, policy and proposals for laws and by-laws that regulate certain areas of social security.

Compare legal, social, economic and other consequences of selected solutions.

Select the most appropriate solution of a certain issue from the area of labour and social security law, taking into consideration its legal and social aspect. Policy to be recommended for solving certain labour and social problems.

Practical and Generic Skills:

After successfully completing the course, students will understand and be able to explain the subject matter, sources of law and other legal specific features of labour and social security law. This particularly applies to economic, social, political, cultural and other determination of individual legal solutions in these branches of law. At it, the students will have, apart from the legal one, the ability to assess social effects of the selected solutions. They will be able to determine relevant facts, choose a relvant legal rule (national, EU and international), analyse court and administrative practice and propose an adequate solution of a certain social problem. They will be trained to make decisions and other acts that decide about the rights from the area of social security, and upon need for counselling about basic issues from labour law. In cooperation with lawyers, economists and other relevant experts, they will be able to participate in processes of assessing the effects of the need for legal regulation of an issue from the area of social security law and the preparation of normative acts for the regulation of these issues, as well as for proposing policies in these areas. For that purpose, they will be trained to make necessary analyses and to present their results. They will be able to conduct administrative procedures pertaining social security law and for the management of centers of social welfare and other bodies of the state administration and local self-government competent for matters of social security. They will be able to perform tasks of care about social welfare of employees within human potentials' departments of companies.

Matching Assessments to Learning Outcomes:

Knowledge is assessed through seminars,mid-term examinations and oral examinations.

Mid-term examination is a written or oral form of testing knowledge in which the student has to demonstrate that they can define the concept of labour and social security law, explain the factors of historical development of these branhes of law and basic institutes of labour and social security law, prepare a decision of simpler individual legal acts, indicate relevant legal sources, find relevant administrative and judicial practice important for resolving a legal problem and compare the effects of selected legal solutions.

Seminar paper is a shorter analysis of an important legal problem that demands the study of relevant literature, legal sources, court and administrative practice and which results in the student's own conclusions about the analysed problem. The conducted analyses and its conclusions is publicly presented by the student to a seminar group. Other attendants of the seminar group critically evaluate the conducted analysis and its results, and the student has to be able to answer the formulated questions and critical remarks.

Apart from the seminar presentation, the student has to write a seminar paper that has to satify all criteria for the preparation of a scientific review. Particularly good seminar papers are assessed as scientific reviews.

 

Oral examination consists of testing the understanding of basic theories and institutes of labour and social security law, reproducing theoretical explanations and standpoints and the position of the court practice about individual institutes of labour and social security law, comparison of different systems of labour relations and social security and legal institutes that are characteristic for them, demonstrating the ability to apply relevant sources of law on resolving certain less complex legal issues and problems, and evaluating individual legal solutions considering their influence on the realisation of fundamental human rights and economic and social development.

Consultations schedule:

• prof. dr. sc. Željko Potočnjak:

  Fridays at 10.00 with Google Meet: https://meet.google.com/wnw-ooso-cjk?authuser=0

  Location: Tkalčićeva 48-50, room 45
• izv. prof. dr. sc. Viktor Gotovac:

  Wednesdays at 17.00

  Location: Gundulićeva 10, room 11
• izv. prof. dr. sc. Ivana Vukorepa:

  Thursdays at 11.00. 

  Location: Gundulićeva 10, room 13
• dr. sc. Iva Bjelinski Radić:

  Mondays at 14.00 - online via Google Meet link http://meet.google.com/jmi-sgiw-aeb

  Location: Trg Republike Hrvatske 3, room 40 (4. kat - potkrovlje)