MSLV4700 Labour Law in Change Processes Course description

The course covers labour law problematisation with particular relevance to reorganisation and change processes. It takes the legal framework that an employment contract entails as its point of departure, and problematises change needs relating to the individual employee, reorganisation related to the whole enterprise or parts of it, rationalisation and workforce reductions, and changes that lead to transfer of duties or activities to another employer. In addition to relevant legislation and collective agreements, emphasis is also placed on relevant rulings. The course will focus on the public sector.

Language of instruction is Norwegian.

When the state and municipalities act as buyers or sellers in the market, they are subject to a range of rules that do not apply to private actors, including public procurement regulations and the prohibition of state aid. This course covers these and other rules designed to ensure that public market activities are conducted in a trustworthy and efficient manner, and on equal terms with private market participants. The primary focus is on the rules governing public procurement. One way to ensure equal competition is by separating public activities into independent companies. The legal characteristics of such organizational forms, their governance, and the consequences of such organization are also addressed. The EU law origins of these rules are a central aspect of this course.

Language of instruction is Norwegian.

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After completing the course, the student should have the following overall learning outcomes defined in terms of knowledge, skills and general competence:

Knowledge

The student has

• knowledge of various ways to organize and expose public entities to market competition
• insight into the purposes that procurement regulations are intended to serve
• in-depth knowledge of planning, announcing, conducting, and concluding competitions in accordance with procurement regulations, as well as an understanding of the consequences of breaches of these regulations
• insight into the prohibition of public support and state aid issues related to public entities engaging in economic activities in the market
• knowledge of the international foundation of the regulations on public procurement and state aid
• understanding of the differences in regulation between private and public market activities

Skills

The student can

• identify and analyze legal issues and consequences of reorganization or market exposure processes
• identify when different parts of the public procurement rules apply
• analyse and deal with legal issues in connection with the announcement of procurement competitions, the conduct of such competitions, the evaluation of tenders received and the awarding of contracts

General competence

The student can

• work independently with practical, legal issues
• argue for the advantages and disadvantages of different forms of market exposure of public sector organizations
• explain in general terms certain basic premises for the public sector's market activity, such as freedom of contract, protection against bankruptcy, budgetary frameworks and the location of constitutional and political responsibility

The teaching approach is based on individual study, group work, and plenary sessions. To achieve the objectives of the course, solving various case assignments will be a key element. Students are expected to actively engage with these cases and the legal source materials available in the field. Literature studies will play an important role in this process.

The teaching takes place with in-person attendance on campus.

No coursework requirements or compulsory activities.

The exam in the course is a supervised exam of 6 hours.

The following aids are permitted:

• The exam module of Lovdata Pro

Comprehensive thinking, collaboration and implementation ability are important in the public sector. For several decades, the public sector has attempted to become more 'strategic' than before and the strategy concept is currently used by many public institutions in different contexts. This course studies what strategy is and how strategic thinking, management and leadership can be used in the public sector.

The course examines different definitions of strategy and various related traditions and tools, and studies how this can elucidate strategic management and leadership in the public sector. The course also examines how policy and the public sphere influence strategic management and leadership. Great emphasis is placed on using the international and Norwegian research literature on strategy in the public sector, and on studying how strategy is used and works in the public sector.

Through studies of basic problems relating to strategy and the characteristics of the public sector, as well as practical skills training in the use of strategy tools such as internal and external analysis, competitive analysis, value chain analysis and stakeholder analysis, the course defines grounds for using strategic management and leadership in planning, cooperation, reorganisation and renewal in the public sector.

Language of instruction is Norwegian.

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