Employment Contracts: Key Elements and Legal Aspects
Theme 5: The Contract of Work (I)
Definition
A contract of work is an agreement under which a person undertakes to provide their services as an employee within the organization and direction of another person or entity, known as the employer, in exchange for a fee.
1. Tasks of the Contract of Work
- Constitutive Function: Creates a working relationship with recognition of effects. Even if the employment contract is void, because if it proves invalid, the worker could require, for the work they had already
Labor Law and Employment Contracts: Rights and Duties
UNIT 1: Labor Law
1. Labor Law
2. Sources of Labor Law
3. Principles of Labor Law Application
4. Rights and Duties of Workers
5. The Employment Contract
6. Types of Employment Contracts
1. Labor Law
1.1 Origins
Labor law emerged in the nineteenth century as a response to economic and social problems arising from the Industrial Revolution (18-hour workdays, no weekly rest, holidays, etc.) and the desire to protect the weakest part of the employment relationship: the worker.
1.2 Definition
Labor law is a branch
Read MoreUnderstanding the Spanish Electoral System and Suffrage
Elements of Suffrage
1. Constituency: It is divided into colleges and tables, which are territorial and personal units. The constituency is more important than schools and tables because it is the sum, and what comes out of there becomes seats.
2. The Nominations: Nominations are in each division. They are also single-member (one candidate) and multi-member (many candidates). In each district, several positions are chosen and, therefore, several candidates are presented. Whoever has the most votes
Read MoreRule of Law and Democracy: Key Principles and Features
Rule of Law: Key Features
Elías Díaz’s Definition
According to Elías Díaz, the rule of law is characterized by:
- Division of powers
- Legality of the administration
- Recognition and guarantee of fundamental rights
Under the rule of law, the top executive and legislative powers are governed by the people.
Constitutional Recognition
- The existence of a division of powers, which has some connections.
- The existence of a highly developed administration gives more power to the executive.
- The Spanish Constitution
Administrative Law Proceedings: Key Elements and Characteristics
Administrative Law Proceedings: Key Elements
General Characteristics:
a) Administrative Activity and Budget: A prerequisite for a contentious administrative process is an administrative act, measure, or omission by the administration.
b) Technique Control of Legality: The judiciary, separate from the executive, ensures the administration complies with the law. Courts are subject to the rule of law, and the administration must act within legal boundaries, even when making discretionary decisions.
c)
Read MoreEnforcement of Judgments: Legal Procedures and Types
Item 26 and 28: Enforcement of Judgments
Execution is a judicial power, under Article 117 of the EC, which speaks of “the power to prosecute and to execute judgments.” The content of the judicial power does not end with the sentence, with the final decision process, declaring the law in the case. The trial court, favorable or not so intended by the actor, can sometimes be insufficient to give full satisfaction to the fundamental right to effective judicial protection, recognized in Article 24.1 of
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