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

Working Hours and Labor Regulations

The legal maximum working week is 40 hours (annual total). Note that children under 18 years of age are prohibited from working overtime or performing night work.

Expansion or Reduction of Working Hours

• Extension: Can be achieved by agreement between the parties.
• Reduction: May occur due to force majeure, such as childcare needs, or other justified reasons.

Periods of Rest and Compensation

According to Articles 34 and 37 of the Workers' Statute (ET), every worker is entitled to rest periods. All these breaks, including monthly rest days, are compensated as part of the monthly salary.

Defining Working Hours

Working hours are defined as the time (daily, weekly, or yearly) that the worker must dedicate to fulfilling... Continue reading "Spanish Labor Law: Working Hours and Contracts Essentials" »

Starting a Business in Chile: A Step-by-Step Guide

1. Time to Set Up a Company in Chile

The process may take more than 6 months, approximately 130 days.

2. Costs Associated with Starting a Business

Costs vary depending on the type of company, with a fixed value of approximately $550. Examples:

• Industrial Company: $1,350
• Food Company: $1,270

3. Limited Liability Company Procedures

An individual limited liability company is a legal entity with limited liability. The owner's personal assets are only liable to the extent of their capital contribution. The company is liable with all its possessions.

A company is an association of individuals or legal entities engaged in commercial activity, pursuing a profit or gain shared among partners based on their contribution.... Continue reading "Starting a Business in Chile: Key Steps and Considerations" »

Concept and Nature of the Employment Contract

A contract is an agreement of wills between two or more parties that creates, modifies, or regulates obligations between them.

Autonomy of will allows parties in a contract to freely negotiate conditions.

A. The Concept of Employment Contract

An employment contract is an agreement of wills between a company and an employee. The employee undertakes to provide their services to the company in exchange for payment and acts under the company's direction. Any result obtained from the employee's activity belongs to the company.

B. Simulated Labor Contract Installation

C. Nature of Employment

Features:

• Consensual: The contract is perfected at the moment consent is given.
• Bilateral: Creates obligations for both

Key Employment Classifications

Character of Employment Relationships

In the context of employment, individuals can be classified as: staff, volunteers, or those in paid employment. Earnings and dependency are key factors in these classifications.

Applicable Legal Norms

• European Community (EC) Law
• Organic Laws (LO)
• Royal Legislative Decrees (RDLegis)
• Royal Decree-Laws (RDLaw)
• Royal Decrees (RD)
• Ministerial Orders (OM)

Employment Relationship Criteria

Certain criteria determine the inclusion or exclusion of specific work arrangements. For instance, whether private work is performed for the state dictates its classification.

• Special Character Relationships: Categories 'a' and 'c' often denote relationships with a special character.
• Excluding Relationships:

International Treaties and Constitutional Challenges

If there are any doubts about the constitutionality in the conduct of the treaty, give full consideration to the court.

• The timing is important; the time when the consultation occurs is crucial because it's the right time to address the court.

No, not initially.

No, not one final time.

The Constitutional Tribunal (TC) is advised to act once the text is set but still without consent. A final text, but not the last, because it is not ratified. The site is requested to attend legitimate constitutional bodies.

The court shall not sentence or issue a statement. Why no sentencing? Because this is not a legal rule, since the state still has not given consent. We have a project or text that has been set... Continue reading "International Treaties and Constitutional Challenges: A Legal Analysis" »

The Spanish Constitution of 1812 (The Cádiz Constitution)

This legal text refers to the Constitution promulgated by the Cortes in Cádiz in April 1812. It is widely considered the first Spanish Constitution, predating the Bayonne Statute, which was an imposed charter.

Historical Context

Following the War of Independence in 1808, local and provincial boards began organizing resistance against the French invaders. These boards eventually grouped into a Supreme Junta, first in Seville and later in Cádiz, where elections were held for the Cortes. The resulting assembly was dominated by liberal delegates.

Core Principles of the 1812 Constitution

The comprehensive text established several foundational liberal ideas:

• National Sovereignty: Sovereignty

Understanding the Administrado: Recipient of Powers

The administrado (managed) is the recipient of the exercise of administrative powers. In active situations, this involves individual rights, legitimate interest, and simple interest. In passive situations, it entails duties, obligations, and burdens.

Capacity to Act in Administrative Law

The capacity to act in administrative law refers to the fitness to effectively exercise the rights and duties arising from administrative legal relationships. This is distinct from merely possessing rights, which vary by rule. Factors that may influence or differentiate the capacity to act include:

• Younger age
• Nationality
• Criminal conviction
• Administrative penalty

Administrative Silence: A Legal Fiction

Administrative... Continue reading "Key Concepts in Administrative Law: Acts, Procedures, and Recourse" »

**Adolfo Suárez's Government: A New Era for Spain**

Political Reform (1976-1977)

Adolfo Suárez faced two major challenges upon assuming leadership. The first was political reform. The pivotal *Law for Political Reform*, amending Franco's legislation, established a bicameral Parliament with members elected by universal suffrage. Passed in 1976, this law paved the way for democratic elections. With the support of the opposition, Suárez succeeded in legalizing all political parties and trade unions. The June 1977 elections resulted in a majority for the Union of the Democratic Centre (UCD), Suárez's party.

Measures Against the Crisis

The UCD government proposed a policy of consensus, culminating in the signing of the *Moncloa Pacts* in 1977. These... Continue reading "Adolfo Suárez's Government & Spain's Transition to Democracy" »

Criminal Offenses Against Worker Rights

Illegal Migration Promotion (Art. 313)

Promoting or encouraging illegal migration within the European Union or facilitating the illegal entry of sufficient workers into Spain constitutes a crime.

Consummation: This offense does not require merely the result of the activity; the act of promotion or encouragement is sufficient.

Employment Discrimination (Art. 314)

This offense punishes discrimination in employment, referencing Article 14 of the Spanish Constitution. Examples include discrimination based on sex or ethnicity.

• Active Subject: The employer and those making decisions for the company.
• Passive Subject (Taxpayer): Workers who are discriminated against.
• Conduct: Causing serious discrimination in employment