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

Working Day and Breaks

1.1 Term of the Day

The working hours agreed in an employment contract are called ordinary hours. Any time exceeding the agreed duration is considered overtime. Working time is measured in hours, using the week as a reference:

• a) Work week: The maximum duration is 40 hours.
• b) Working day: Cannot exceed 9 hours; for minors, the daily limit is 8 hours.
• c) Special days: Days requiring higher or lower than normal working hours, regulated by Royal Decree.

Breaks

Employers must respect the minimum periods of daily and weekly rest provided in collective agreements:

• a) Rest in the day: If the workday is interrupted, a minimum break of one hour is required unless a continuous workday is specified. When the workday is continuous and exceeds

Labor Corporations: SAL and SLL

Sociedad Anónima Laboral / Sociedad Limitada Laboral

Members: Three or more. No partner may hold more than one-third of the share capital (KS). There must be at least two workers. If one partner is a public entity, it may own up to 49% of the KS. [for two]

Responsibility: Same for both types of companies.

Disputes and Transfer of Capital

DISPUTES: Regarding transfer of share capital (transfer of shares in S.L. or of stocks/shares in S.A.), there is an order of preference:

1. Permanent workers (first place)
2. Labor partners
3. Donors
4. Workers without an indefinite contract

Common Requirements

It is required to constitute a special reserve fund equal to 10% of profits.

Business Name, Taxes and Constitution

Business name: The business...

Basic Rules
The basic rules to follow in terms of Social Security (SS) are as follows:

1. General Law SS: RD 1 / 1994 of June 20th.
2. Law of PGE: Drafted annually.
3. Rules of Contributions to the SS: Drafted annually.
4. Fiscal, Administrative, and Social Order: Annual production.
5. General Regulations for Charging the SS System.
6. RD 1637/1995: 6 October.
7. General Rules of Trading, Settlement, and Other Rights of the SS: RD 2064/1995.
8. General Regulations on Disposal of Businesses, Affiliation, High, Low, and Variation Data of Workers in the SS.
9. RD 84/1996: 26 January (Family Conciliation Act: Act No. 39/1999. Act for Effective Equality Between Men and Women: Law 3 / 2007).
10. Measures to Improve Family Protection: DR. 1 / 2000 of 14 January.
11. Rules of the CCAA.
12. Conventions

Business Concept and Economic Sectors

The business concept defines a company as all human activities organized for the purpose of producing goods or providing services.

Economic Activity Sectors

• Primary: Includes resources related to agriculture, fisheries, forestry, etc.
• Secondary: Production/Manufacturing output.
• Tertiary: Includes transportation, commerce, and other services.

Elements of the Company

To provide goods or services, a company requires several elements, such as land, buildings, machinery, transportation, and technology. In an enterprise, resources are used or consumed based on three classic factors:

1. Nature (passive role; requires human collaboration).
2. Work/Labor (organization; active collaboration between man and nature).
3. Capital (which

The Origins of the Spanish Constitution of 1812

The Spanish Constitution of 1812, also known as La Pepa, was enacted by the Parliament of Spain on March 19, 1812, the day of San José. This timing led to the nickname Pepa given to it by the people of Cádiz.

Officially, it was in effect for two years from its enactment until March 24, 1814, following the return to Spain of Ferdinand VII. It was later in force during the Liberal Triennium (1820–1823). The constitution provided for suffrage, freedom of the press, the abolition of the Inquisition, and included provisions for the distribution of land and freedom of industry, among other reforms.

Resistance and the Central Governing Junta

After the uprising of the people of Madrid against the French...

Expert Evidence and the Coroner

This section discusses the accuracy of underlying facts in criminal accusations, categorized by types of proof:

• Absolute Proof: By itself, defines the certainty of a legal fact.
• Evidentiary Proof: The conviction that facts bring to the expert.
• Non-Evidentiary or Relative Proof: That which does not establish certainty in expert evidence, leaving only a probability.
• Refuting Evidence: Having absolute value over all other evidence, sufficient to invalidate any positive finding.

Criminalistics and Legal Medicine

Criminalistics

According to Moreno and Gonzalez, Criminalistics is the discipline that applies the methods of natural science research in the examination of sensitive material significantly related to an alleged...

1. Modification of Employment Conditions

Non-substantial modification of the conditions of work: Employers can make minor changes freely through the business ius variandi.

Substantial Working Condition Changes

Substantial changes to working conditions are those that alter and transform the employment relationship because they affect:

• Working hours and schedules
• Shift work systems
• Pay systems
• Working systems and performance features that do not correspond to the professional category

Types of Substantial Changes

• Individual: Changes to working conditions enjoyed by workers individually.
• Collective: Modifying the conditions accorded to workers under an agreement or conditions that affect a specific percentage of workers within a company within 90 days.

Notification

Public Limited Company: Sociedad Anónima (SA)

Public Limited Company: A society whose capital is divided into shares and is formed by the contributions of the partners who do not respond with their own assets for social debts.

Capital and Share Structure

• Capital: The total monetary value of all shares.
• Shares (Actions): Titles of equal value representing a nominal portion of the social capital. All shares are equal except in cases of capital increase or decrease.
• Society Type: Commercial capitalist.
• Minimum Capital: It cannot be less than €60,101.21. There is no maximum capital.
• Constitution: The capital must be fully subscribed (committed to the purchase of shares) and at least 25% must be paid at the time of incorporation.

Legal Requirements and

Eligibility for Employment Contracts

Who Can Be an Employer?

The employer (or entrepreneur) must be a person over 18 years of age and possess full legal capacity to hire a worker.

Who Can Be Hired?

An employee must be a person over 16 years of age who has not been deprived of their ability to act by a court of law.

Restrictions on Minors (Under 18)

In the case of children under 16 years of age, they may be allowed to participate in public performances only with the authorization of parents or guardians and the responsible agency, provided that the activity does not pose a danger to their physical or psychological development.

All children under 18 are subject to strict labor restrictions. They cannot:

• Work at night (defined as when at least three hours

Core Quality Management Concepts

Quality: Meeting customer requirements and expectations. A product or service possesses quality when it fulfills the requirements anticipated by its potential users.

Quality Management System (QMS): Involves developing a quality policy, an organized structure, and operating procedures to ensure products and services meet necessary requirements.

Standard: A public document created to regulate a specific activity, requiring approval from a legally recognized body. Compliance is generally not mandatory unless specified by official regulations.

Certification: A process where a third party provides written assurance that a product, process, or service conforms to specified requirements.

AENOR: The Spanish Association...