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

Limits on the Employer's Power of Direction

The employer's power of direction is not absolute and is subject to various limitations:

• Derived from the Constitution: Fundamental rights such as dignity, privacy, and non-discrimination.
• Derived from Managerial Activity: Hierarchies and business orders.
• Derived from the Workers' Statute (TRLET): Specifically, the Jus Variandi.

Understanding Jus Variandi

The Jus Variandi is the employer's ability to unilaterally modify conditions agreed upon in the employment contract. This power is subject to specific conditions:

• Applicable to contracts longer than one year.
• The changes must not constitute a substantial modification of working conditions.
• Changes must be justified by technical, economic, organizational,

Social Uses of Law

Self-regulation is imposed on an individual's public behavior to gain social acceptance within their operating human group, also known as rules of social intercourse.

Theories on Social Uses

Giorgio Vecchio's Perspective

This author states that social conventions are not a special kind of rules, and therefore, they do not entitle anyone to demand the observance of obligations.

Stammler's View on Social Practices

This author states that social practices are part of morality, which influences individuals to observe certain behaviors, contrasting with the enforcement posed by law.

Kelsen on Social Rules vs. Law

This author states that the rules of social use differ from law because there is no coercion for compliance.

Social Use vs.

The Galician Language: 1975 to the Present Day

During the Franco regime, the peninsular languages were relegated to oral speech, establishing Castilian as the sole language in Spain. After the dictatorship ended in 1975, a democratic system was established, leading to the approval of the Statute of Autonomy of Galicia (1981) and the Linguistic Normalization Law (1983).

The latter law recognizes Galician as an official language. However, its constant contact and coexistence with Castilian have caused a situation of diglossia, often favoring Spanish.

Institutional Efforts and Normalization Challenges

Some Spanish public and private institutions are fighting for the recovery and standardization of the Galician language in social life. The most important...

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

Contract Suspension and Workplace Mobility

2.0 Suspension of the Work Contract: This refers to the temporary suspension of work provision without the labor contract being terminated. Kinds of suspension:

2.1 Mutual Agreement of the Parties

The worker and employer must agree on the suspension.

2.2 Temporary Disability

This includes situations of common or professional disease, or while receiving social security assistance.

2.3 Maternity, Paternity, Adoption

The contract may be suspended in such cases.

Features:

• Maternity: 16 weeks of uninterrupted suspension.
• Paternity: 13 days, extendable by 2 more days per additional child.
• Pregnancy Risk: Suspension ends when the risk is over.
• Breastfeeding: Suspension ends when the infant reaches 9 months.

2.4 Public

The Cortes of Cádiz and the 1812 Constitution

Formation and Early Sessions

In May 1809, a committee chaired by Jovellanos was formed within the Central Junta. This commission conducted a consultation with institutions and enlightened individuals regarding the steps to be taken in Spain. This consultation highlighted the urgent need for change within the political system of the Ancien Régime, though not everyone fully grasped its implications.

The Regency Council issued the call for the Cortes in January 1810, and the opening session took place on 24 September 1810. In December of that same year, a Constitutional Commission was formed, headed by the cleric Diego Muñoz Torrero from Extremadura. Prominent liberal deputies in the committee included...

What is a Contract?

A Contract is a basic pillar of the economy. Through it, the sharing and distribution of goods and services are made. The parties do so freely and voluntarily. It is an agreement of wills between two or more persons designed to create obligations between them.

Key Elements of a Contract

• Consent: Is the common wish of the parties.
• Purpose: The object or subject matter upon which the contract lies.
• Cause: Is the justification for the obligations of the parties to the contract. Without cause, there is no contract.

Types of Contracts

• Typical: Have legal regulation.
• Atypical: Without specific legal regulation.
• Unilateral: Only obligations for one party.
• Bilateral: Obligations for both parties.
• Onerous (Costly): Both parties seek a benefit.

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:...

Individual Enterprise (Empresa Individual)

Companies are classified according to their legal form into individual enterprises or corporate partnerships. The individual enterprise is a single personality type owned by one physical person.

Sole Proprietorship

A Sole Proprietorship is an individual who performs commercial, industrial, or professional activities on their own behalf.

• You must be of legal age and have full availability of your assets.
• It implies total control by the entrepreneur, who is personally liable for debt management and social commitments using all present and future assets.
• The liability is unlimited.
• To establish such an enterprise, a minimum capital is not required.
• The corporate name must be the holder's name.
• Taxed by the Personal

Sole Proprietorship: Key Characteristics

An individual operates in their own name and through a commercial, industrial, or professional enterprise. Key characteristics include:

• The owner must be of legal age.
• Involves total control of the business by the owner.
• The entrepreneur's liability is unlimited.
• No minimum capital is required.
• The owner is the trade name holder.

Private Civil Partnerships

Two or more individuals agree to contribute money, goods, or industry, with the aim of sharing profits. These companies are often based on private agreements between members, where the actions of individual members are not strictly limited by capital contributions. The company name can be any chosen name.

Public Civil Partnerships

Similar to private civil partnerships,