Employee Dismissal: Legal Consequences and Procedures
Dismissal: Legal Consequences and Procedures in Spain
Determining the Procedure
In the event of a dismissal, the judge shall determine the procedure as appropriate, inappropriate, or null (108.1 LPL).
Appropriate Dismissal
An appropriate dismissal occurs when the employer is credited with alleged non-compliance in the written communication (55.4 ET 108.1 LPL). Legal requirements regarding the gravity and culpability of the breach of contract by the worker are considered, with guilt not being supported
Read MoreKey Concepts and Elements of Roman Law
1. Unilateral Legal Act
Unilateral legal acts are those that, to be born into the life of the law, require the concurrence of the will of one party or author. Examples: Testament, recognition of a child.
2. Bilateral Contract
A bilateral contract is one in which both parties are mutually bound. Examples: Sales, leasing, etc.
3. Conditions Precedent
A condition precedent is one on which the extinction of a right depends. It depends on the cessation or termination of the effects of a legal transaction
Read MoreMexican Labor Law & INFONAVIT: Rights and Obligations
Mexican Labor Law: Key Articles
Article 21. The existence of a contract and a working relationship are presumed between the individual providing personal work and the individual who receives it.
Article 23. Individuals over the age of sixteen can freely provide their services, with the limitations specified in this Law. Child workers can receive payment of their salaries and exercise their respective actions.
Article 24. Working conditions should be documented when there are no applicable collective
Read MoreConstitutional Reform in Spain: Processes and Procedures
The Initiative to Reform
The initiative to reform forwards Article 166, the provisions of Article 87.1 and 2, for the legislative initiative. In accordance with this reference, the following have a constitutional reform initiative:
- The Government
- The Congress of Deputies
- The Senate
- Legislative Assemblies of the Autonomous Communities
Legislative initiative on constitutional reform is excluded, except in cases accepted by the Constitution.
- Government: The initiative takes shape in a project approved reform
Military and Juvenile Justice: Procedures and Principles
Military Jurisdiction: Peculiarities and Procedures
Composition and Hierarchy of Military Courts
Room V of the Military Tribunal of the Supreme Court demonstrates the linking of this special jurisdiction with the ordinary courts. It consists of:
- Four Career Magistrates
- Four Legal Corps of the Army
- The Clerk of the Board
Below this lies the Central Military Court, based in Madrid, with jurisdiction throughout the national territory. After it is placed on the Military Courts Territorial number 5 (one per
Read MoreSocial Security in Chile: History, Principles, and Framework
Historical Background
The Social Security (SS) system as we know it today has a fairly recent origin, especially in the 20th century, following the Second World War in England. However, the first social insurance was born in Germany in the 1880s. Throughout history, various forms of social assistance have existed with similarities to the current SS system.
- In ancient Rome, collegia, groups of people exercising the same trade, formed mutual associations for social assistance in events such as illness
