Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Posted Workers Directive

Definition of a Posted Worker

For the purposes of this Directive, a "posted worker" is defined as any worker who, for a limited time, carries out their work in the territory of a Member State other than the one in which they normally work. The concept of "worker" is determined by the law of the Member State where the worker is posted.

Conditions of Employment

Member States must ensure that companies guarantee posted workers the following employment terms in the host Member State, regardless of the applicable employment law:

• Maximum work periods and minimum rest periods
• Minimum paid annual holidays
• Minimum rates of pay, including overtime (excluding supplementary occupational retirement pension schemes)
• Conditions of labor supply,

Employer's Obligations in Occupational Safety

Key obligations:

• The employer must ensure the safety and health of workers in all aspects of the job.
• The employer must implement occupational risk prevention measures.

Employee's Rights and Obligations in Risk Prevention

Employee's obligations:

• Use the correct protective means and equipment provided by the employer, following given instructions.

Employee's rights:

• Workers are entitled to information, consultation, and participation in the prevention of occupational hazards.

Prevention Service Modalities

Four modalities for organizing prevention:

1. Assumption of preventive functions by the employer: Only applicable to businesses with up to six workers that do not engage in dangerous activities.
2. Designation of

Expert: A specialist who works with the judge in the investigation of fact. Legally authorized to give their opinion.

Demand for Expertise

The demand for expertise occurs when the act of the subject of the cause cannot be fully signified from the registration of legal discourse, where their conduct raises questions or presents gaps in signification that cannot be answered from the law alone. It is in this space, where the gap appears, that the expert psychologist is needed to speak more about subjectivity and individuality.

Points of Expertise

Expertise carves out a space not included in the process of developing legal truth. The demand for expertise produces a space of psychological interrogation.

• Psychological Subjectivity: To say psychic subjectivity.

Introduction

The Second Industrial Revolution and the second half of the twentieth century brought important changes in market structure: consolidation of big business and mass consumption, a shift away from the party responsible for damage (the manufacturer), internationalization of markets, etc. The traditional regulatory arsenal (Civil Code, Commercial Code, and Competition Law) proved insufficient to protect consumers. This led to a perceived degradation of the consumer's position and prompted calls for consumption standards.

In Spain, Article 51 of the Constitution (EC) contains the four basic consumer rights:

• Defense of consumer safety and health.
• Protection of their legitimate economic interests.
• Protection of information and education.
• Promotion

Geographic Mobility in the Workplace

Geographic mobility consists of changing the workplace. There are two types of geographical mobility:

Transfers

A transfer is the power that an employer has to change the geographical location of a worker providing services at a different site from the one they were initially hired for, provided that this involves a change of residence. It may involve a change of permanent location. For an employer to transfer an employee, it is required that there are economic, technical, organizational, or production reasons, or that such a change is permitted to improve the competitive position of the company. Transfers can be individual or collective.

When faced with a transfer, a worker may:

1. Accept the decision and move.

The Right to Information: Origins and Conceptualization

First origin of the right to information: In the middle of the 20th century, the Universal Declaration of Human Rights of 1948 universally recognized the right to information.

Conceptualization of the right to information: The fundamental guarantee that every person has to seek information, to inform, and to be informed.

Aspects Included in the Right to Information

The right to information encompasses several key aspects:

• The right to seek information
• The right to inform
• The right to be informed

The Right to Seek Information: Powers Included

This right includes the following powers:

• Access to files, records, and public documents.
• The freedom to choose which medium is read, heard, or viewed.

The Right

Election of the Audit Opinion: Audit Report

Definition and Standards to be Followed

The Audit Report on Annual Accounts is a commercial document that shows the extent of the work and the professional opinion of the auditor on them. In its preparation, the following technical standards must be met:

• First: It is presented according to Generally Accepted Accounting Principles (GAAP).
• Second: If they have been applied uniformly.
• Third: If the financial statements express, in all material respects, fairly the assets, liabilities, financial position and results, and the resources obtained and applied.
• Fourth: The auditor will express an opinion and the reasons that support it, if applicable, or the claim that they cannot express it and the causes that

Test 9

Social and Political Concepts

1. The Social State of Law: The social state of law guarantees respect for the law and ensures the welfare of its citizens.
2. Early Human Social Forms: The first complex social forms were hunter-gatherer groups.
3. Emergence of States: The first states emerged around 6000 BC, based on concentrated power in a single ruler.
4. Early Democracy: The first model of democracy originated in Greece (5th century BC).
5. Representative Democracies: In representative democracies, citizens delegate their power to elected representatives.
6. Formal Democracy: "Formal democracy" refers to countries with a democratic structure, regardless of its effectiveness.
7. Origin of "Right" and "Left": The terms "right" and "left" in politics originated in

Understanding Circumstantial Evidence in Trials

In criminal trials, it is not uncommon for there to be no direct evidence of a defendant's participation in a particular offense. In such instances, indirect or circumstantial evidence becomes crucial. This type of evidence aims to convince the court of the truth or certainty of facts that are not direct elements of the offense being tried. However, from these facts, the reality of the crime or the defendant's involvement can be deduced based on logic and experience. Often, this trial evidence leads to a legal presumption.

Key Requirements for Valid Circumstantial Evidence

For circumstantial evidence to be considered valid and effectively used, several conditions must be met:

• Multiple and Varied Indications:

Individual Companies

• Members: 1
• Capital: Low
• Liability: Unlimited
• Registration: Not registered in the commercial register
• Decision-making: Employer/Manager
• Administrative Body: Entrepreneur
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Less paperwork, quick decisions
• Disadvantages: Limited support, potential personal liability

Civil Society (Public and Private)

• Members: Minimum 2 partners
• Capital: Low
• Liability: Limited or unlimited
• Registration: Not registered
• Decision-making: Employers
• Administrative Body: Employers
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Support, quick to assemble
• Disadvantages: Requires partner agreement, potential liability

Mercantile Collective Society

• Members: Minimum 2 partners
• Capital: