Termination of Employment Contracts: Causes and Procedures
The termination of a contract of work includes the discontinuance of its effects. The termination of the employment contract will always be causal (a cause must be pleaded). The causes of extinction are listed in Article 49 of the Workers’ Statute (LET) (mandatory law: it cannot be changed by collective agreement or individual contract). Some of them are developed in later articles. The effects of exposure can be grouped as follows:
A. Termination of Contract by the Will of the Worker or Causes Affecting
Read MoreCrimes Against the Administration of Justice in Brazil
Crimes Against the Administration of Justice: Articles 338, 339, and 340 of the Brazilian Penal Code
Article 338: Reentry of Expelled Foreigner
The crime defined in Article 338 of the Penal Code considers the following items:
- Crime Art. 338 CP is a crime itself. Correct, only an expelled foreigner can practice it.
- The factual premise of its configuration is the effective expulsion of the foreigner from the country. Correct.
- It is consummated with the simple reentry of the alien, i.e., entry into national
Understanding Penalty Fines: Types and Legal Implications
There are two types of penalty fines: fines and penalties, and days-proportional penalty fines.
Days-Fines Penalty
Sections 50 and 51 of the Spanish Penal Code
This system consists of two phases:
First Stage
Seeks to calibrate the penalty to the seriousness of the offense:
- Identifies penalty units (one month = 30 days, a year = 360 days).
- Follows the general rules for determining the penalty.
- Intended to be proportionate and appropriate in light of the seriousness of the offense or crime, i.e., the more
Legal Aspects of Public Administration in Spain
Lesson 2: Public Administration – Legal Personification
By law, the administration is a legal person. This embodiment is an absolute necessity to establish a quality of legal subject in this organization. Only thus can it be monitored by the courts. This legal personality of the Administration is not included in the Spanish Constitution (EC), but in the Law of Organization and Functioning of the General State Administration (LOFAGE) (art. 2.2). This includes all corporate bodies operating within
Read MoreLegal Perspectives on the Death Penalty and Abortion
Legitimate Ways to End Life
Legitimate ways to end life include self-defense, resistance to lawful detention, a legitimate prison escape, and disclosure to a legitimate authority. (This is based on the European Pact on Human Rights 1950, as recorded in the minutes of the Ortuzar Committee).
Death Penalty
The death penalty is defined as the “biological termination of an individual’s life, and due to its radical nature, it is surrounded by a series of safeguards.” The right to life is a moral absolute,
Read MoreFundamental Rights in the Spanish Constitution: Interpretation and Legal Rationality
Fundamental Rights in the Spanish Constitution of 1978
Objective and Subjective Status of Fundamental Rights
The objective status of the statute states that rights are legal standards, working as legal duties or obligations. Since the rights were transferred to be positivism as standards, the nature of legal rules is their objective status. This means that generally, there are no more rights for citizens than those enshrined in constitutions.
Moreover, regarding subjective status, one could say that
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