Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Key Aspects of Labor Law

ETT 1: Temporary employment agencies hire unemployed farm workers, establish contracts, and collect the SMI (Minimum Interprofessional Wage).

2nd Labor Relations:

• Staff: Must be managed by the hired individual. Delegation of this relationship is permitted.
• Voluntary: The relationship is not compulsory or forced.
• Employed: The product of labor belongs to the employer, not the worker.
• Dependent: The employee is subject to the employer's discipline and direction.
• Compensation: The worker receives a salary in exchange for their work.

3rd The Trial Period: The employer assesses the worker's professional attitude, and the worker evaluates working conditions. It must be in writing. Duration: 6 months for qualified workers, 2 months... Continue reading "Key Aspects of Labor Law: Contracts, Agreements & Regulations" »

Requirements for Chilean Citizenship (Art. 13, CPE 1980)

• Be 18 years of age.
• Not have been sentenced to corporal punishment.

Citizenship Rights Granted (Art. 13, CPE 1980)

The status of citizen grants voting rights, eligibility for elective office, and other rights conferred by the Constitution or the law.

Characteristics of Suffrage (Art. 15, CPE 1980)

• Suffrage is universal.
• Suffrage is equal.
• The vote is secret.
• Voting is compulsory (Reformed).

Additional principles:

• Suffrage is direct.
• The vote must be informed.

Disqualification from Suffrage (Art. 16, CPE 1980)

The right to vote is suspended:

1. On interdiction if found with dementia.
2. For the person accused of a crime that deserves corporal punishment or a crime that the law qualifies as terrorist behavior.

Building Disability Employment Contracts

Concept: Spike contactacio aimed at workers with disabilities with a degree equal to or greater than 33% of pensioners or social security.

• Length: Minimum 12 months, maximum 3 years.
• Day: Full-time or part-time.
• Incentives: Company bonuses depend on the level of disability, sex, and age.
• Compensation: Workers are entitled to 12 days' salary per year of service (anticipation of retirement age).

Concept: These contracts are intended to replace workers who seek to anticipate retirement.

Requirements: Must be registered as unemployed at the employment office.

Indefinite Contracts

Concept: Aims to recruit workers indefinitely.

Requirements: No special requirements for companies or workers.

Form: Can be verbal or written.... Continue reading "Employment Contracts in Spain: Types and Requirements" »

Origin of Law

Where there is a society, there is law; where there is no society, there can be no law. No social life is regulated by human rights, and its origin is not in man alone.

Anthropological Perspective

It is debatable whether the allusion to human rights as a whole governing principle in the life of primitive peoples constitutes a technical legal concept.

Philosophical Perspective

There is no pre-social state of legal rules.

Historical Perspective

The appearance of legal norms can be tested historically. To justify the existence of a minimum set of laws, certain circumstances must coincide, such as:

1. Human vulnerability
2. Approximate equality
3. Limited altruism
4. Resource limitations
5. Comprehension and free will

The force of law arises from the relationships... Continue reading "Origin, Power, and Definition of Law: Public vs. Private" »

Understanding Employee Compensation

Wages in Kind

This refers to salary paid to the employee in the form of products or services. Such payments cannot exceed 30% of the employee's total compensation.

Non-Wage Payments

These are payments not considered wages and include:

• Indemnities or Allowances: Received by the worker to cover costs incurred as a result of work activities.
• Social Security (SS) Benefits: Amounts received by the worker from the Social Security system.
• Allowances for Removal, Suspension, or Dismissal.

Deductions

These amounts decrease the wage received and represent mandatory contributions to Social Security (SS) and Personal Income Tax (PIT).

Social Security Procedures

The company has two main obligations towards the Social Security system:... Continue reading "Employee Payroll, Benefits, and Separation Procedures" »

Lending

Fungible Tooling

• Transfer of ownership
• The borrower is only relieved by restoring the very thing borrowed.
• Transfer of a third thing is prohibited.

Mutual Loan

• Real, non-fungible items
• Consumer Loan
• Transfer of ownership
• Allows the sale of the thing loaned
• The borrower is relieved by restoring something of the same species.

Objective Theory: To give someone a property that is just as good because it appears that whoever has possession has the animus, or the will, to keep the good.

Subjective Theory: For someone to have ownership of something, they must have the body (a thing) and the animus (willingness to keep the good).

Transfer of possession and charging for it is not lending but a rental.

Deposit

Concept: A contract whereby a contractor (receiver)... Continue reading "Lending, Deposit, and Mandate: Key Legal Concepts" »

Customs: It is an agency of a national service provider whose activities are intended to achieve control over national territory regarding foreign goods, national or nationalism, made according to legal regulations.

Importance of Customs

Customs serves a dual purpose:

1. Commensurate resources to the Treasury (finance ministry).
2. Monitor and protect the existing relationship with the laws applying to foreign trade.

Customs Administration

This action aims to facilitate and control entry and exit in the national territory of goods, to international traffic and transportation, and to implement the legal regime to which any merchandise is subjected, as well as professional supervision of real estate interests and fiscal control.

Authorities

The organization... Continue reading "Understanding Customs: Roles, Functions, and Importance" »

Legal Discourse and Participation

What does each participant in a speech accepting the other as valid or partner? They want maximum benefit.

Legalism's Core Formulas

What are the four short formulas of legalism?

• Norm rather than value
• Subsumption instead of weighting
• Independence of the ordinary law rather than the ubiquity of the constitution
• Democratic legislature's autonomy within the framework of the constitution rather than judicial omnipotence

Contrasting Legalism

What would be four short contrarium sensu formulas to legalism?

• Value instead of standard
• Weighting instead of subsumption
• Omnipresence of the constitution instead of the independence of ordinary law
• Judicial omnipotence supported by the constitution rather than the autonomy of the democratic

Tax Obligations and Responsibilities

Types of Obligations

a) Material Obligations: These are the primary obligations, such as making payments against the principal tax liability, including installment payments.

b) Procedural Obligations: These obligations require taxpayers to follow tax procedures, regardless of whether they are ultimately liable for a tax. For example, providing a CIF (Tax Identification Code).

Taxable Event Classes

a) Objective Elements: These are the factual situations that trigger a tax, such as the acquisition of assets.

b) Subjective Element: This is the connection between the objective element and the person who is required to pay the tax, such as owning a property.

c) Territorial Elements: This specifies where the taxable... Continue reading "Tax Obligations, Events, and Liability: A Detailed Analysis" »

Standing to Negotiate

• Enterprise Level or Lower Collective Agreements:
  • The works council or staff representatives
  • Union representatives seeking to represent the majority in the committee
  • Employers or their representatives
• Sectoral Collective Agreements:
  • The most representative trade unions at the state or autonomous community level
  • Trade unions with a minimum of 10% of members on the committee
  • Associations that have at least 10% of employers in the field of the agreement and represent at least 10% of workers in this field

Initiation of Negotiations

The party initiating negotiations must advise the other party in writing, stating the legitimacy of the initiator, the areas of agreement, and the parties involved in the negotiation. A copy must also be sent... Continue reading "Collective Bargaining: Negotiation and Validity Essentials" »