Understanding Worker Obligations and Employer Rights
Power directly. Obligations and duties obligate the worker to perform the work agreed under the direction of the employer. The duty of care and collaboration of work is marked by laws, collective agreements, and orders or instructions adopted by the employer. The employer has the right to take any action it deems appropriate for surveillance and monitoring to verify compliance by the employee with their obligations and work duties, keeping in consideration due to human dignity. The employer may
Read MoreSpanish Unified Code: Corporate Governance for Listed Firms
Context and Development of the Unified Code
The need for a Unified Code (UC) arose from several developments following the Olivencia Report (1998) and the Aldama Report (2003), as well as related legislative changes. These domestic factors necessitated a new report.
Key international drivers included:
- European Union (EU): Publication of various proposals and recommendations on specific corporate governance issues, such as the remuneration of directors in listed companies.
- Bank for International Settlements
Key International Law Cases: Lotus and Yahoo
Lotus Case
Parties
France vs. Turkey, PCIJ, 1927
Facts
In this case, a French ship named Lotus and a Turkish ship Boz Kourt collided on the open sea. As a result of the collision, Boz Kourt sank and some crew members died. After Lotus reached Istanbul, Turkey arrested Demos, a crew member of that ship, and also seized the ship Lotus, demanding compensation.
Then France requested Turkey to release the ship Lotus, but Turkey refused. Subsequently, they began the trial in a Turkish court.
Issue
Does Turkey
Read MoreSocial Work: Legal Frameworks & Client Rights
Legal Knowledge for Social Workers
Understanding the law is crucial for social workers (SW) for several reasons:
- Defining Practice Limits: It helps you understand the boundaries of your professional practice.
- Avoiding Liability: It assists in avoiding actions that could lead to professional sanctions, criminal charges, or civil liability.
- Upholding Rights: It ensures you understand your rights and, critically, your clients’ rights.
- Accessing Services: It helps you identify benefits and services available
Defining Employee Status: Key Conditions & Contract Types
The 5 Core Conditions of an Employee
- Dependent Work: The worker is subject to the employer’s directives and instructions. This dependency is specific to the employer’s orders and not merely a general reliance on wage labor.
- Productive Work: The worker is compensated for their labor.
- Free Labor: The employment relationship is established through a mutual agreement (contract).
- Personal Work: The employee must personally perform the job and cannot be substituted by another person.
- Work on Behalf of Others:
Key Aspects of Employment Contracts and Labor Law
Employment Contract Characteristics
- Voluntary: The worker signs the contract freely.
- Alienation: The direct results of labor are not owned by the worker but belong to the employer.
- Remunerated: The employee provides a service (work) in exchange for financial compensation.
- Personal: The work must be performed personally by the worker.
- Subordination: The worker operates under the organization and direction of the employer.
Sources of Employment Law
Material Sources (Rule Makers)
These are the individuals
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