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

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" »

Labor Rights and Duties

Basic Rights

• Work and Free Choice of Profession

  Workers are free to choose their profession or trade and cannot be forced to work against their will.

• Free Association

  Employees have the right to join any union they choose.

• Collective Bargaining

  Workers can establish working conditions through negotiations between their representatives and the employer or their representative.

• Right to Collective Action

  Workers have the right to defend their interests through collective labor relations, with striking being a final measure.

• Right to Strike

  A strike is a collective measure of pressure by workers, involving the cessation of work, to compel the employer to accept their conditions.

• Right to Assemble

  Employees have the right to assemble.

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 Universal Suffrage

Universal suffrage refers to the exercise of the right to vote. Historically, voting methods have varied:

• Census Suffrage: A formula that restricts voting rights only to citizens who meet specific income and asset requirements and contribute taxes.
• Universal Suffrage: Grants the right to vote to all citizens, subject only to age and nationality requirements.

This method of voting, strongly advocated by democratic liberalism, was first exercised in Spain during the Constituent Assembly elections in 1869, though it was initially limited to men over 25 years of age.

Defining the Constitution

A Constitution is the fundamental law governing the organization of a state. It establishes the rights and obligations of citizens,... Continue reading "Key Political Concepts in 19th Century Spain" »

Efficiency of Space Standards

Application of standards in space involves legislative diversity across states. This requires a range of principles and rules to determine jurisdiction when foreign law applies as national law. This is the subject of private international law.

The civil code sets out the principles for this branch of law, also called conflict rules. These rules solve problems where foreign law must be applied alongside national law.

The rules are based on two principles:

• Territorial Principle: Always applies the national law of the territory, even with foreign elements.
• Personal Principle: Applies the personal law of the subject, even if the event occurred in Spain and the subject is foreign.

Based on the personal principle, Spaniards... Continue reading "Private International Law: Conflict of Laws and Analogy in Legal Systems" »

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" »

Understanding Key Labor Law Concepts

Concept of Labor Law

Labor Law is a body of law that governs the relationship between employers, employees, and labor organizations. It is a set of principles and institutions that regulate labor relations. The primary subject matter of labor law is human labor.

What is the CLT?

The CLT (Consolidation of Labor Laws) is a foundational legal framework in Brazil, comprising a compilation of existing labor legislation at the time of its creation.

Distinguishing Work Relationships and Employment Relationships

The employment relationship is a specific type of work relationship, characterized by certain key elements. While a work relationship is a broader concept (the genus), the employment relationship is a specific... Continue reading "Essential Labor Law Concepts for Employers and Employees" »

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 Effectiveness of Collective Agreements

Rules Governing Legal Effectiveness (Important)

Collective agreements oblige all employers and employees within their scope throughout their time of validity (vigencia).

Effects of Collective Agreements

1. Implementation of Mandatory and Automatic Terms: This excludes the possibility of establishing employment contracts worse than the agreement, emphasizing the indispensability of the collective agreement.
2. Application of the Principle of Publicity: The agreement must be published in the corresponding Official Gazette.
3. Contractual Liability: If the agreement is breached, contractual liability is individually enforceable judicially.
4. Challenging on Appeal: There is the possibility of challenging the agreement