Key Labor Law Principles in Venezuela: A Comprehensive Analysis
Protectoria Principle or Protecting Workers
Article 8 of the Regulations of the Labor Law outlines the fundamental principles of labor law. These are expressed as follows:
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Protectoria Principle or Protecting Workers: This article contains three essential principles designed to protect and safeguard the welfare of workers:
- Rule of the More Favorable Standard or Favor Principle: When there is reasonable doubt in the application of two or more rules, the one most favorable to the worker will be applied
Legal Subjects, Facts, and Acts: Key Concepts
Legal Subjects
1. Notion
The human person is the central point around which law is established. It is a “subject” of law in two senses:
- This “subject” is subject to the law.
- It is a “subject” as the holder of the powers conferred by law.
Therefore, from a legal standpoint, the human person is called a subject, as they are subject to the rules of law and as the holder of powers granted by legal standards. The law considers the human not only as a biological being but also as a spiritual being endowed
Read MoreLegal System Essentials: Courts, Trials, and Key Concepts
Courts
a. Trial vs. Appellate Courts
Trial Courts: Original jurisdiction; determine facts and apply the law. Includes witness testimony, evidence presentation, and jury deliberations.
Appellate Courts: Review lower court decisions for legal errors; no new evidence or witnesses. Focus on legal arguments.
b. Types of Judicial Decisions
Majority Opinion: Reflects the view of most judges.
Concurring Opinion: Agree with the outcome but for different reasons.
Dissenting Opinion: Disagrees with the majority’s
Tax Obligations: Concepts, Principles, and Types
Tax Obligations: The Basics
Concept and Nature of the Obligation. The tax is established in our system as an obligation, a legal relationship where a creditor can demand a specific benefit from a debtor. Traditionally, the charge has been defined in two ways: as a coercive provision and as an obligation.
The Link to Tax Law The concept of duty, as a mandatory relationship binding the State (creditor) and the taxpayer (debtor), converges with two basic ideas: the separation of powers, which distinguishes
Read MoreEmployment Contract Termination: Causes and Maternity Protection
Labor Contract Termination
Forms of termination of employment contracts in private law include mutual consent, legal reasons (resolution, termination, annulment), and unilateral declarations of will. The termination of a work contract is a legal event that ends the employment relationship, dissolving legal and ethical obligations between parties, except for confidentiality. It’s crucial to seek legal advice to ensure contracts are efficient and avoid premature dissolution. The end of a contract can
Read MoreLegal Positivism: Historical Schools of Thought
Positivism, the School of Exegesis, and Coding
In the early nineteenth century, naturalism exceeded the iusnaturalism of the seventeenth and eighteenth centuries. This improvement was presented as necessary. It was believed that natural law had triumphed, and from the political and legislative point, was realized. The problem had already been exceeded (the relationship between a natural law which was higher than positive law).
Schools of Legal Science in the Nineteenth Century:
- School of Exegesis (